- (1.) This revision petition is directed against the order of the learned Munsif and Judl. Magistrate, Sirohi dated 22.10.1984, whereby, he rejected the application of the petitioners holding that no prior sanction for prosecution of the petitioners is necessary Under section 197, Criminal Procedure Code.
(2.) Necessary facts to be noticed in short are that the respondent No. 2- Kushalchand filed a criminal complaint Under Sections 447 & 427, Indian Penal Code against the petitioners. It was alleged that the petitioner No. 1- Amritlal Dosi was Executive Engineer in Public Works Department, Sirohi and petitioner No. 2- Tarachand was Assistant Engineer in the same department was got a road constructed through accused No. 3 Kailash Agrawal and accused No. 4 Bhanwarsingh Mistri of the same department, through the complainant's plots, on or about 25.7.1981. It was also alleged that stones valued at Rs. 500/- belonging to the complainant were illegally used for the construction of the road. On this complaint, a case was registered against the petitioner No. 1 for the offences Under Sections 447 & 427 Read With Section 109, Indian Penal Code and against the petitioner No. 2 Under Sections 447 & 427, Indian Penal Code. Both the petitioners appeared in Court and raised objection that without sanction Under section 197, Criminal Procedure Code, no cognizance can be taken. The prayer of the petitioners were rejected and hence, they filed this revision petition.
(3.) Mr. S.R. Singhi, learned counsel for the petitioners submitted that the petitioners are public servants under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1950. Both the petitioners are members of the State Services, therefore, without the prior sanction, no cognizance can be taken or criminal proceedings be initiated without the prior sanction of the Government, if they have done anything in discharging their official duties.;