AMARESH KU.SINGH, J. - (1.) HEARD the learned Counsel for the petitioner and the learned Counsel for the respondent and perused the original record.
(2.) THIS criminal petition has been filed against the order dated 4th May, 1988 passed by the learned Munsif and Judicial Magistrate, Jetaran in criminal case No. 168/1984 Allauddin v. Kishan Gopal and Ors. whereby he directed that charge under Section 465 of the Indian Penal Code be framed against Kishan Gopal Parasar. The learned Counsel for the petitioner has submitted that no prima facie case for framing charge against the petitioner has been made out by the complainant and, therefore, the order dated 4th May, 1988 passed by the learned Munsif and Judicial Magistrate, Jetaran is without jurisdiction and amounts to abuse of the process of the Court. It is also submitted by him that the alleged criminal act was committed by the petitioner in exercise of his functions as an Executive Officer of the Municipal Board and, therefore, he cannot be prosecuted without a proper sanction given under Section 197 of the Criminal Procedure Code.
(3.) OFFENCE under Section 465 of the Indian Penal Code is punishable for 2 years imprisonment or fine or both. A perusal of the original record of the lower court shows that after conducting enquiry under Sections 200 and 202 of the Criminal Procedure Code, process was issued against the petitioner on 19th May, 1984. After appearance of the petitioner in the lower court the evidence of the complainant non -petitioner was recorded and thereafter the case was listed for arguments on charge. Order - sheet dated 3rd May, 1988 shows that the procedure prescribed for trial of warrant cases was adopted by the lower court. After hearing the arguments on charge, the learned Munsif and Judicial Magistrate came to the conclusion that a prima facie case was made out against the petitioner under Section 465 of the Indian Penal Code and he should be tried for offence after framing of the charge.;