K. STONE Vs. KRESMANIK

JUDGEMENT

(1.) THIS is a reference from the learned Additional District Magistrate, United Khasi -Jain -tia Hills with a recommendation that a criminal proceeding pending against accused K. Stone and others may be quashed on two grounds (1) that the complainant has not been examined on receipt of a Naraji petition and (2) that' sanction to prosecute a public servant like K. Stone is necessary under Section 197, Criminal Procedure Code, and in the absence of such a sanction the trial should1 not be allowed to proceed. We have heard the learned Senior Govt. Advocate in support of the reference and Mr. Das for the complainant, who opposes the acceptance of the reference.

(2.) WE may not give much importance to the first branch of the recommendation of the learned Additional District Magistrate since there was some evidence adduced by the complainant who himself got examined, before summons was issued, but we find substance in the second contention namely as to the necessity of a sanction from the Central Government as provided under Section 197, Cr.P.C. The contention by Mr. Das On behalf of the complainant is that on the admission of the accused K. Stone himself, he was appointed by the Central Board of Revenue and as such, he could be removed from office by the Board itself and not by the Central Government and in support of this contention he relies on Section 16 of the General Clauses Act (Central Act No. X of 1897) which runs as follows:

(3.) FROM the letter of reference it appears that all the accused persons in this case are employees of the Central Excise or Land Customs Department, but it is only categorically stated that K, Stone is a Land Customs Officer who is an officer of the Central Government under the Land Customs Act and therefore no trial can proceed at least against K. Stone without any sanction under Section 197, Cr.P.C. Therefore we accept the reference and sent back the case to the lower court for proceeding according to law against the other accused persons. Send down the records immediately to the court concerned.