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Judgment
Prafulla C. Pant, J.—By means of this petition, moved u/s 482 of Code of Criminal procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 89 of 2004 Kedar Singh Rawat v. Ram Niwas and Ors. relating to offences punishable u/s 109, 120B, 166, 167, 465 and 469 of I.P.C., pending in the court of Judicial Magistrate, Uttarkashi.
Heard learned Counsel for the parties and perused the papers on record.
Brief facts of the case are that the respondent No. 2/complainant filed a criminal complaint before Chief Judicial Magistrate, Uttarkashi, against Returning officer and the officers of Uttarkashi District Cooperative Bank Ltd. Uttarkashi, with the allegation that in the election scheduled to be held on 6th and 7th July 1999, the accused including the petitioner committed illegality/irregularities in rejecting and accepting the nomination papers of the candidates in the process of election for the post of Director, Chairman, Deputy Chairman of the District Cooperative Bank. The Magistrate, after recording the statement of the complainant u/s 200 and that of witnesses u/s 202 of Cr.P.C summoned the accused including the petitioner H.D. Kandpal, General Manager/Secretary of Uttarkashi District Cooperative Bank, to face the trial in respect of offences punishable u/s 109, 120B, 166, 167, 465, 469 of I.P.C.
Learned Counsel for the petitioner submitted that all the accused including the petitioner are the public servants. It is further pleaded that the offences are allegedly committed by the petitioner and other co accused, in discharge of their public duties. It is argued that the prosecution of the petitioner and other co accused who are public servants is liable to be quashed as no sanction, as required u/s 197 of Cr.P.C., is obtained in the case. Reference is made to the case of Anjani Kumar v. State of Bihar 2008 (61) ACC 982 in which the apex court has held that in respect of offences said to have been committed in discharge of public duties by the public servants, prosecution can not proceed without there being sanction u/s 197 of Cr.P.C.
I have gone through the aforesaid case law and the provision contained in Section 197 of Cr.P.C. Petitioner H.D. Kandpal is Secretary/General Manager of Uttarkashi District Cooperative Bank, Uttarkashi. The other co accused namely Ram Niwas (Sub Divisional Magistrate, Barkot), J.P.Jhildiyal (H.O.D,I.T.I) and Jot Singh Aswal (Sr. Manager District Cooperative Bank Uttarkashi) are also public servants. It has come on the record that alleged offences are said to have committed in discharge of official duty by the accused including petitioner, in connection with conducting the election to the post of Director, Chairman, Deputy Chairman etc.
For the reasons as discussed above, for the wants of sanction as required u/s 197 of Cr.P.C, the impugned criminal proceedings, are liable to be quashed.
Therefore, the petition u/s 482 of Cr.P.C is allowed. Proceedings of Criminal Complaint Case No. 89 of 2004 Kedar Singh Rawat v. Ram Niwas and Ors. relating to offences punishable u/s 109, 120B, 166, 167, 465 and 469 of I.P.C., pending in the court of Judicial Magistrate, Uttarkashi, are hereby quashed.