Mohinder Kumar Sikri vs Punjab State Civil Supplies Corporation Ltd.and anr.

S.K. Jain, J.

Facts necessary for the disposal of this petition under Section 482, Cr.P.C. are that Mohinder Kumar Sikri (Petitioner herein) was employed as Inspector in Punjab State Civil Supplies Corporation (P) Ltd. (PUNSUP) Ferozepur. He was transferred to Mamdot Centre as Additional Inspector and joined on December 20, 1983. His duties included to make procurement, Storage, delivery etc.of various foodgrains and other essential commodities and to account for the same which were in his possession on behalf of PUNSUP. On 2541986, FIR No. 144 was registered against him under Section 409 IPC in Police Station Mamdot. Challan was put up in the Court of Judicial Magistrate Ist Class, Ferozepur. he was summoned and charged accordingly. Through this petition, under Section 482, Cr.P.C. he has sought quashing of the said FIR and the charge sheet of Sept. 26, 1987 (Annexure P/1). Following facts are not in dispute :

(i) that the petitioner was on deputation as Inspector with PUNSUP;

(ii) that the Inspectors in the Corporation were removable by the Director of the Corporation; and

(iii) tha civil suit involving the subject matter which is the basis of allegations in the FIR, has been filed by PUNSUP against the petitioner for recovery of Rs. 16,68,022.02 and the same is pending in the Court of Addl. Sr. Sub Judge, Ferozepur. It bears case No. l1401 instituted on 1561987.

Learned counsel for the petitioner has argued that sanction under section 197 Cr.P.C. having not been obtained learned CJM has no jurisdiction to take cognizance of the offence and therefore the FIR and all the orders and proceedings subsequent to the institution thereof were to be quashed. In support of his first argument, he has relied upon Ram Kishan v. State of Haryana, 1981 CLR 624 (SC). I have carefully exmained the facts of this case and those involved in the above cited judgment. Section 197, Cr.P.C. provides that when any person who is or was a Judge or Magistrate or a Public servant not removable from his office save by or with the sanction of the Government 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. When the facts and circumstances of his case are tested on the anvil of the abovesaid provisions, I find that no prior sanction under Section 197, Cr.P.C. was required for prosecuting the petitioner because he was an Additional Inspector employed in PUNSUP and Inspector/Addl. Inspector of PUNSUP was admittedly removable by the Director of the Corporation who is certainly not a Secretary of the department of the State and does not fall within the term, government. I therefore, find myself unable to agree with the first argument of the learned counsel.

Secondly, learned counsel has urged that civil suit involving the same subject matter being pending between the parties, the criminal proceedings are liable to be quashed, I do not find any force in this argument also. If a criminal offence is made out prima facie, the criminal proceedings have to continue but at the same time, PUNSUP is not expected to allow the limitation for filing civil suit against the petitioner for the recovery to expire. Therefore, pendency of the Civil suit on the same subject matter between the parties, would not call for an interference by this Court under Sectin 482, Cr.P.C.

In view of the above discussion, I am of the opinion that the continuance of criminal proceedings under FIR No. 144 dated 2541986 under Section 409, IPC pending in the Court of CJM, Ferozepur does not tentamount to abuse of the process of the Court. This petition, therefore merits dismissal and the same is hereby dismissed.

Parties through their counsel are directed to appear before the trial Court on 15121992.