BHAGWATI LAL - COMPLAINANT Vs. BHANWARLAL

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge, Udaipur, recommending that the order of the Sub -Divisional Magistrate, Udaipur dated 25th April, 1958, dismissing the petitioner Bhagwati Lal's complaint for want of sanction under Section 197, Criminal Procedure Code, should be set aside and the Magistrate may be directed to try the complaint on merits.

(2.) THE facts leading to the present reference may be briefly stated as follows :

(3.) THE complainant Bhagwati Lal was contesting the election for Sarpanchship for the Tehsil Panchayat Girwa. Accused No. 1 Bhanwar Lal was a rival candidate. It appears that on an application by accused No. 1 Bhanwarlal requesting for a certificate regarding the residence of Bhagwatilal, accused Nos. 2 to 6 who are sarpanch and panchas of Gram Panchayat Kudawal after obtaining a report from the Patwari, accused No, 7 to the effect that the name of the complainant Bhagwati Lal is not included in the list of the voters for the Panchayat Kudawal, issued a certificate to that effect under their signatures and the seal of the Panchayat on 26th February, 1958. The complainant's case is that this certificate was issued by the accused Nos. 2 to 6 falsely to put obstacles in the way of the complainant's nomination as a candidate for the sarpanch's election. On these allegations he filed a complaint in the court of the Sub -Divisional Magistrate, Udaipur charging the accused under Sections 197, 167, 471, 191 and 500, I. P. C. The Magistrate held that the accused Nos. 1 to 6 were public servants not removable except by the Government and that the act complained of was committed by these accused in the purported discharge of official duties and therefore, he was not competent to take cognisance of the offences without sanction of the Government as required by Section 197, Criminal Procedure Code He consequently dismissed the complaint.