P.K.LOHRA,J. - (1.) Petitioner has preferred this misc. petition under Section 482 Cr.P.C. for annulling order dated 09.11.2017, passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer (for short, 'learned trial Court') in Session case No. 41/2012, whereby leaned trial Court has dismissed his application under Section 197 Cr.P.C. Besides the prayer for upsetting impugned order, petitioner has also prayed for quashment of entire proceedings of Sessions Case No. 41/2012.
(2.) Succinctly stated, the brief facts of the case are that a report was submitted by complainant Indira Devi against petitioner and three others alleging inter-alia that a forged patta was got prepared by one Megha Ram on the basis of spurious documents with the help of present petitioner, former Executive Officer, Municipal Board, Barmer, and others. On the basis of that report, FIR No. 80/11 was registered at Police Station Kotwali, District Bikaner for offence under Section 420, 467, 468, 471, 120-B IPC and Section 3(1)(iv), 3(xv), 3(v) of the Scheduled Castes and Scheduled Tribes Act. During investigation, it came to the fore that on the date of issuance of Patta petitioner was having additional charge of Executive Officer. After completion of investigation police filed charge-sheet against him and others for the aforesaid offences. An application was moved by the petitioner for his discharge before learned trial Court on the ground of initiating criminal proceedings against him without obtaining prior sanction for his prosecution. It was also pleaded by him that on the relevant date he was holding the additional charge of Executive Officer and had put his initials on the basis of report received from Junior Engineer after consulting other employees of the Municipal Board as such he should be given protection under Section 197 Cr.P.C. The learned trial Court by the order impugned rejected application of the petitioner.
(3.) Learned counsel for the petitioner submits that at the relevant time, petitioner was holding the post of Revenue Inspector and having additional charge of Executive Officer. The allegation against him is that he was made an instrument in getting issued the illegal Patta. Learned counsel for the petitioner has contended that as a public servant act of putting initials on relevant document was done or purportedly done bona fide by him in discharge of his official duty. Learned counsel further submits that before initiating criminal proceedings, no prosecution sanction was obtained from concerned authority and as such the proceedings initiated against him are liable to be dropped. In support of his contentions, learned counsel has placed reliance on a decision rendered by coordinate Bench of this Court in Devi Dan v. State of Rajasthan (Criminal Misc. Petition No. 2177/2013, decided on 10.10.2014) .;