ANWAR PRASAD JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing entire criminal proceeding in connection with Hazaribagh Sadar P.S. Case No. 379 /99 corresponding to T.R. No. 258/99 under Sections 409/419/420 and 120B of the I.P.C. pending in the Court of S.D.J.M., Hazaribagh. It is alleged that petitioner no. 2 namely, Shamsher Prasad Singh purchased clothes from M/s S.P. Gupta and Company, Ranchi in violation of various circulars issued by State Government and guidelines issued by the competent authority. It is further alleged that petitioner no. 1, being Deputy Director of Welfare Department had approved aforesaid acts and omissions of petitioner no. 2 and thereby cause loss to the State exchequer.

(2.) It appears that on the aforesaid allegation Hazaribagh P.S. Case No. 379/ 99 instituted and police after investigation submitted charge-sheet under Sections 409/419/420 and 120B of the I.P.C. It appears that learned C.J.M., Hazaribagh vide order dated 30.5.1995 took cognizance of the offences and transferred the case in the file of S.D.J.M., Hazaribagh for trial.

(3.) Mr. Delip Jerath, learned counsel for the petitioners submits that it is an admitted position that petitioners are Gazetted officers of Welfare Department and they can be removed by the State Government. It is submitted that the prosecuting agency had not obtained prior sanction of the State Government as contemplated under Section 197 of the Cr.P.C. before prosecuting the petitioners. Therefore, order of cognizance is bad. Therefore, entire subsequent proceeding as against petitioners is also liable to be quashed.