YOGESH ACHARYA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this misc. petition under Section 482 Cr. P.C., 1973 for quashment of entire proceedings of Criminal Case No. 854/2014, pending before Chief Judicial Magistrate, Barmer (for short, 'learned trial Court').

(2.) Succinctly stated, the brief facts of the case are that a report was submitted by Sub Divisional Officer, Barmer against petitioner and three others alleging inter-alia that forged pattas were issued to fourteen persons by the officers of Municipal Board in collusion with their subordinates despite the fact that they have no authority to issue such pattas and have also caused revenue loss in other cases. On the basis of that report, FIR No. 297/2007 was registered at Police Station Kotwali, District Barmer for offence under Section 420, 467, 468, 471, 409 and 120-B IPC. After completion of investigation police filed charge-sheet against petitioner and others for the aforesaid offences.

(3.) Learned counsel for the petitioner submits that at the relevant time, petitioner was holding the post of Clerk and allegation against him related to maintaining files of said pattas. Learned counsel for the petitioner has contended that as a public servant he was maintaining files and has not played any role in issuing pattas. Learned counsel further submits that before initiating criminal proceedings, no prosecution sanction was obtained from concerned authority and as such the proceedings initiated against him are liable to be dropped. In support of his contentions, learned counsel has placed reliance on a decision rendered by coordinate Bench of this Court in Devi Dan v. State of Rajasthan (Criminal Misc. Petition No. 2177/2013, decided on 10.10.2014).