Ram Narain Rathore vs State

J.P. Chaturvedi, J.—This is an application by Ram Narain Rathore under the provisions of Section 482 Code of Criminal Procedure for quashing the order of the learned Special Judge, Allahabad, dated 10th March, 1977 consigning the record.

The facts giving rise to this petition are that the applicant Ram Narain Rathore was a senior clerk, Minor Irrigation Department at Allahabad under the Additional District Magistrate Planning, Allahabad. One Ram Chandra Tewari was an Assistant Boaring Mechanic at Sirathu Block Development Office, Allahabad. Disciplinary action was being taken against him for absconding with boring tools and materials. Applicant Ram Narain Rathore was dealing with the case against Ram Chandra Tewari. It is alleged that on 30th September, 1974 at 11.00 A.M. the applicant accepted Rs. 10/- by way of illegal gratification from Ram Chandra Tewari near the tea shop in the compound of the Planning Office and he thereby committed offences u/s 161 IPC and Section 5(2) Prevention of Corruption Act. The applicant Ram Narain Rathore was prosecuted for these offences before the learned Special Judge, Allahabad. The learned Special Judge recorded evidence for the prosecution and after recording the statement of the applicant recorded statements of defense witnesses also. In arguments the validity of the sanction was challenged. It was alleged that the applicant Ram Narain Rathore could be removed from service by the Additional District Magistrate (Planning) inasmuch as the sanction had been accorded by the District Magistrate, Allahabad, it was invalid, the District Magistrate, Allahabad, being not competent to remove the applicant. The learned Special Judge ultimately came to the conclusion that the case could not proceed against the accused on the basis of the sanction already on the record. He accordingly ordered the record to be consigned.

Learned Counsel for the applicant has contended that after the order of the learned Special Judge the proceedings are still pending against him and the applicant is under suspension. It was also contended that the Special Judge could not order to consign the record, he could either convict the applicant for the offences he had stood trial or he could acquit him.

No counter affidavit has been filed on behalf of the opposite parties nor has it been urged before me that the sanction accorded by the District Magistrate, Allahabad, for the prosecution of the applicant was valid. It may be accepted for the purposes of these proceedings that the applicant could be removed from service only by the Additional District Magistrate Planning and not by the District Magistrate, Allahabad. In this view the sanction for prosecution of the applicant for the offences u/s 161 IPC and Section 5(2) Prevention of Corruption Act was invalid as it offended the provisions of Section 6(2) Prevention of Corruption Act. In the circumstances, therefore, the only order the Special Judge could pass could be for the acquittal of the applicant. The order of the learned Special Judge is, therefore, manifestly illegal.

The application is, therefore, allowed and the order of the learned Special Judge, Allahabad, dated 10th March, 1977 for consigning the case against the applicant to record is set aside. The learned Special Judge is directed to hear the parties and decide the case in accordance with law as expeditiously as possible.