ORDER : The applicant, who is a post-master was convicted under Sec. 409, I.P.C. and Sec. 55 of the Indian Post Office Act. The conviction under Sec. 55 of the Indian Post Office Act is set aside in view of Sec. 72 of the said Act and in view of the fact that there was no complaint but only a report of the Police Officer under Sec. 173 Cr. P. Code. Such a report is not a complaint as laid clown in Sec. 4(1)(h) of Cr. P.C. 2. The contention that a prosecution under Sec. 409 requires the sanction of the Central Government in view of the provisions of Sec. 197, Cr. P.C. is rejected, because the Post Master is not removeable by the Central Government but, as the learned counsel admits, he is removable by the Post Master General. No other point of law is urged. 3. The conviction and sentence under Sec. 55 of the Indian Post Office Act are therefore set aside. Fine imposed under that Section, if said, should be refunded. The conviction and sentence under Sec. 409, I.P.C. are confirmed. Order accordingly.