J M PENDSE ADVOCATE Vs. CHANDRA GOPAL PYARALAL MAHAJAN
LAWS(MPH)-1967-11-11
HIGH COURT OF MADHYA PRADESH
Decided on November 23,1967

J.M.PENDSE Appellant
VERSUS
CHANDRA GOPAL PYARALAL MAHAJAN Respondents

JUDGEMENT

- (1.) A very short question has arisen in this case but it is of some importance. Chandra Gopal was the President of the Municipality. Khategoan. A complaint was filed by Mr. Pendse Advocate of Kannod alleging that through his subordinate staff the opponent has forcibly removed some material from a plot of land belonging to him in his possession. A complaint under Sections 447. 427 and 379 was lodged by Mr. Pendse and Chandra Gopal was one of the accused persons.
(2.) ON 11-1-1967. the learned Magistrate held that Chandra Gopal being the President of the Municipality would be deemed to be a councillor and was not removable from his office except by the State Government under Section 41 of the M. P. Municipalities Act. As there was no sanction by the State under Section 197 of the Code of Criminal Procedure. Chandra Gopal could not be prosecuted. The trial Court therefore discharged him. A revision was filed by the applicant against this order but was dismissed. The applicant has now come up in revision before the High Court.
(3.) IT is a common ground that Chandra Gopal was a councillor and became President of the Municipality Khategoan. There is no dispute that he was a public servant at the relevant time. The only dispute is whether he was removable from the office by the State Government as contemplated under Section 197 of the Criminal Procedure Code. The trial Magistrate under the circumstances of the case held that sanction would be necessary.;


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