MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the Additional District Magistrate, and arises under the following circumstances: -

(2.) IT appears that Shri Mohanlal, Sarpanch, Gram Panchayat Jawar, Tehsil Girwal, made a report to the Station House Officer Tiddi on the 6th October, 1957, to the effect that while he and the other Panchas of the Gram Panchayat were assembled at a meeting of the Panchayat at 6-30 P. M. , a number of persons in all seven, whose names were mentioned in the report, came to the meeting and abused the Panchas and threatened to beat them. The Sarpanch, therefore, requested the said officer to make the necessary inquiry and take proper legal steps against the persons named in the report. The Station House, Officer, registered a case under sec. 147 and sec. 353 I P. G. and eventually came to the conclusion that the report was and unfounded and submitted a final report under sec 173 Cr. P. C. to the Magistrate concerned to aforesaid effect. This report was accepted by the Magistrate. Thereafter, the police made a complaint against Shri Mohanlal in the court of the First Class Magistrate, Udaipur, under sec. 183 of the Indian Penal Code. Among other pleas raised by the Sarpanch, with which we are not concerned in this revision, he contended that the court could not take any cognizance of the complaint made against him except with the previous sanction of the State Government. The learned Magistrate repelled this objection. Thereupon, the petitioner went in revision to the learned Additional District Magistrate Udaipur. The learned Additional District Magistrate has made this reference with the recommendation that, in his opinion, sanction of the State Government was a prerequisite condition to the prosecution of the petitioner.