- (1.) Heard learned counsel for the applicant, learned AGA and perused the records.
(2.) Complaint case is being carried out against applicant Ashutosh Pathak and Gram Pradhan, Raipur Pokhta for offences of cheating and misappropriation of public money. In said matter, applicant and co-accused had been summoned for offences under Sections 420, 409 IPC. The proceedings of this concerned complaint case no. 5466/2015 is under challenge through present application under Section 482 Cr.P.C.
(3.) Learned counsel for the applicant contended that after approaching the matter in different proceeding before this Court and under direction of the Court, both the accused persons including applicant had deposited the amount of Rs. 38,980/- each, for which they were found liable. His contention was that in these circumstances, no proceeding should be carried out. His further argument was that complainant has no locus standi to file complaint case. His next argument was that the alleged act was done by applicant in discharge of his official duty, because applicant was posted as Gram Panchayat Adhikari at the time of incident, so without prosecution sanction under Section 197 Cr.P.C., the proceedings before trial court cannot be carried out.;