RADHEY SHYAM PANDEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of the order dated 20.5.2010, passed by the SDJM, Seraikella in G.R. No.375 of 2000 by which the petition filed on behalf of the petitioner for dropping his criminal proceedings for want of sanction required under Section 197, Code of Criminal Procedure was rejected.

(2.) CRIMINAL prosecution of the petitioner and two others was set on motion on the basis of the written report, presented by the Executive Engineer, Mechanical Division, Icha Chaliyama, P.S. -Rajnagar, District -West Singhbhum, whereupon Rajnagar P.S. Case No.45 of 2000 was registered on 15.7.2000 for the alleged offence under Sections 406/409, Indian Penal Code against the petitioner Radhey Shyam Pandey and the another Shradanand Singh, Junior Engineer on the allegation of missing of three self starters, which were valued at Rs.60,000/ -each, on account of irresponsibility and negligence on the part of the petitioner and another, which were in the custody of the petitioner, the then Sub Divisional Officer, Mechanical Sub Division No.1, Icha Chaliyama and the another was the Junior Engineer under him. Police after investigation submitted charge -sheet on 17.5.2001 against both of them, whereupon the ACJM, Seraikella took cognizance of the offence on 17.5.2001 (Annexure -2). It is stated that CJM, Seraikella again took cognizance of the offence on 16.7.2003 for the alleged offence under Sections 406/409, Indian Penal Code, though the cognizance of the offence was already taken by the ACJM on 17.5.2001 (Annexure -3).

(3.) ADVANCING his argument Mr. Verma submitted that if at all there was sanction under Section 197, Code of Criminal Procedure, it was issued by the Department of Law (Justice), Govt. of Bihar, Patna, which was not a competent authority for according sanction as the petitioner before re -organization of the State of Bihar and creation of Jharkhand on 15.11.2000 was posted within the territory of successor State of Jharkhand, whereas so -called sanction was granted in the year 2003 by the State of Bihar and he with the changing circumstances was no longer employee of the State of Bihar and therefore sanction, if at all, accorded by the State of Bihar could not be held to be a proper sanction within the definition of Section 197, Code of Criminal Procedure to proceed against the petitioner for the alleged charge.