PRASHANT KUMAR, J. - (1.) THIS application has been filed for quashing the order dated 10.09.2007 passed by Judicial Magistrate Hazaribagh in T.R. No. 1313 of 2007, whereby he took cognizance against Petitioner for the offences under Sections 467/468/471/120B of the Indian Penal Code.
(2.) IT is alleged that Petitioner being a Circle Officer had issued a false certificate of genealogy of complainant 'sfamily, on the basis of same co -accused get the land transferred in her name. It is submitted by Sri P.P.N. Roy, Sr. Advocate appearing for the Petitioner that Petitioner is Circle Officer, appointed by State Government, thus, he can, only be removed from service by the State Government. It is further submitted that admittedly Petitioner issued certificate of genealogy in discharge of his official duty. Thus as per provisions contained under Section 197(1) of the Code of Criminal Procedure no Court can take cognizance against Petitioner without previous sanction of the State Government. It is submitted that in the instant case no sanction given by State Government for prosecution of Petitioner. Accordingly, it is submitted that impugned order can not be sustained by this Court.
(3.) LEARNED Counsel for the opposite party has not controverted aforesaid submission and has fairly stated that in the instant case there is no sanction for prosecution of Petitioner.;