KURDA RAM Vs. YAD RAM AND ANOTHER

JUDGEMENT

(1.) KURDA Ram Petitioner filed a complaint in the Court of Judicial Magistrate 1st Class, Mahendergarh, against Yad Ram and Lala Ram under sections 420/409/465/471, I.P.C. The learned Judicial Magistrate vide his order dated February 16, 1987, charge -sheeted Yad Ram and Lala Ram under sections 465/467/471, I.P.C. Yad Ram and Lala Ram feeling aggrieved filed revision in the Court of Sessions Judge at Narnaul. Shri N.S. Ahlawat, Additional Sessions Judge, Narnaul, accepted the revision and set aside the order of framing of Charge -sheet passed by the learned Judicial Magistrate and discharged the petitioners i.e. Yad Ram and Lala Ram (respondents in the present Crl Misc.). Feeling aggrieved against the order of discharge, the petitioner has filed this petition under section 482, Criminal Procedure Code.

(2.) THE learned Additional Sessions Judge while discharging the accused i.e. Yad Ram and Lala Ram, had given benefit to Yad Ram saying that as he had acted as a Sarpanch and no sanction had been obtained as required under Section 197, Criminal Procedure Code, he could not be tried while discharging Lala Ram, the Court only observed that his participation is not proved towards the committal of offence which is the subject -matter of Charge -sheet.

(3.) A reading of section 197, Criminal Procedure Code, makes it clear that this section will apply to a public servant who is removable by State Government only. The authority to remove must vest solely and exclusively in the Government and in no other authority. If a public servant is removable by more than one authority i.e. one of them being Government and another some other authority, then this section will not apply Section 197, Criminal Procedure Code, lays down that the Court is not to take cognizance of an offence unless sanction for prosecution grantable by the State Government alone has been accorded. In other words, the condition precedent of sanction of prosecution of a public servant is necessary only if the power of his removable is exercisable by the solitary authority of the Government and by no other authority.