KALU MAHADU PATIL Vs. EMPEROR

JUDGEMENT

(1.) The accused in this case was charged under Section 420 of the Indian Penal Code. He was a revenue patil of Mahalpatne village, and the charge against him was that he cheated Government and dishonestly induced Government to part with Rs. 29-10-0 by a misrepresentation that Tania Sakia, a Bhil, was employed as Patkari for the village in 1924-25, when, as a matter of fact, no Patkari was employed in the village during that year. An objection was taken in the trial Court that the sanction given in this case under Section 197, Criminal Procedure Code, for the prosecution of the accused by the District Magistrate was not sufficient, as the accused was not removeable from his office save by or with the sanction of the Local Government, and as no Court could take cognizance of such offence except with the previous sanction of the Local Government. This objection was overruled by the trial Magistrate on the ground that by J.D.G.R. No. 2033 of March 17, 1913, the power was delegated by Government to the Commissioners and Collectors. On the merits the trial Magistrate found the accused guilty and sentenced him to suffer rigorous imprisonment for six months.

(2.) The accused appealed to the Sessions Court. The learned Sessions Judge dealt with the case on the merits. Apparently the objection based upon the provisions of 8. 197, Criminal Procedure Code, was not made before that Court. The learned Sessions Judge affirmed the decision of the trial Court and dismissed the appeal.

(3.) The accused has applied to this Court in revision. The objection which was made before the trial Court Has been renewed before us. It appears that under Section 197, Criminal Procedure Code, as it stood before it was amended in 1923, the sanction required was the sanction of the Government having power to order his removal or some officer empowered in this behalf by such Government; and it was under the powers of delegation contemplated by Section 197, as it stood then, that the Government delegated these powers by the Government Resolution of 1913. But this section was amended in 1923. The section as it stood at the date of these proceedings is in these terms so far as it is material to the present point. When any public servant who is not removeable from his office save by or with the sanction of a Local Government, or some higher authority, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction of the Local Government.