CHHITTARPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this application under Section 482 Cr. PC the accused challenges the validity of the order dated March 17, 1982 by which the Munsif and Judicial Magistrate, Binswara took cognizance of the offence under Section 161 IPC against him.

(2.) I have heard the learned counsel for the accused -petitioner and the learned Public Prosecutor, I have also gone through the case file.

(3.) SECTION 6 of the Prevention of Corruption Act, 1947 Fays down in explicit terms that no Court shall take cognizance of an offence punishable under Section 161 IPC except with the previous sanction of the authority competent to remove the accused from the office. The provisions of Section 6 are imperative and mandatory. No exception can be taken to this statutory provision. Admittedly, no previous sanction was taken to prosecute the accused for an offence under Section 161 IPC. As such the learned Magistrate was not competent to take cognizance of the offence under Section 161 IPC, against the accused. The impugned order is, therefore, invalid and cannot be sustained.