JUDGMENT 1. - By this petition, the petitioner has prayed that the incident took place as back as in the year 1974 and only 8 witnesses have been examined out of 19 witnesses in more than 10 years, and the prosecution witnesses have not supported the case of prosecution. Therefore, the proceedings against the petitioner for the offence under section 409 and 467 IPC be quashed. 2. The allegation against the petitioner is that on 30.10.74, the petitioner has received Rs. 500/- on the basis of one Voucher of Rs. 500/-, the amount was payable to one Nawal Khan for his job work in construction of school building. The amount was drawn by the petitioner in the capacity of Sarpanch, at that time. The F.I.R. was lodged against the petitioner that petitioner has misappropriated Rs. 500/- by forged voucher, in the name of Nawal Khan. After Investigation the Challan was filed against the petitioner for the offence under section 409 & 467 IPC. During trial prosecution has examined as many as 8 witnesses by February, 1993. Then an application was moved before the trial court that the proceedings be dropped as the prosecution has failed to examine its witnesses, even after, completing of 10 years. The application of the petitioner was rejected vide impugned order dated 5.2.93 observing that power under Section 482 Cr.P.C., vests only in the High Court and not in the Trial Court. Against that impugned order dated 5.2.93, the petitioner has filed this Misc. petition under Section 482 Cr.P.C. 3. Learned counsel for the petitioner submitted that the petitioner is 70 years of age and the offence alleged to have been committed in this case, as back as, in the year 1974. The prosecution has examined only 8 witnesses, out of 19 witnesses so far and further in this case for want of sanction as provided in Section 197 Cr.P.C., the proceedings against the petitioner are illegal. Learned P.P. supported the judgment of the trial court. 4. I perused the material on record including the statements of Mr. Nawal Khan, wherein, he admits that he worked as mason in construction of School building of the Panchayat concerned and he was paid for that purpose. But whether he gave any receipt to the petitioner ? He denied. The disputed amount is only 500/- rupees and the incident had taken place in the year 1974. Nawal Khan, wherein, he admits that he worked as mason in construction of School building of the Panchayat concerned and he was paid for that purpose. But whether he gave any receipt to the petitioner ? He denied. The disputed amount is only 500/- rupees and the incident had taken place in the year 1974. The petitioner is 70 years of age and out of 19 witnesses only 8 witnesses have been examined so far. Even the payment of Rs. 500/- has not been denied by Mr. Nawal Khan. The continuance of such criminal proceeding against the petitioner is not in the interest of justice. Moreso, the payment has been made by the petitioner in capacity of Sarpanch and Sarpanch is a Public Servant, within the meaning of Section 197 Cr.P.C. The section 26 of the Rajasthan Panchayat Act, 1953 also provides that Sarpanch is a Public Servant. Therefore, while the petitioner was discharging his duties as Sarpanch and if any offence has been committed, no Criminal proceedings can be initiated without sanction as required under Section 197 Cr.P.C. This view has also been taken in the case of Birbal v. Smt. Jamna, RLW 1989(1) page 43 . Admittedly, no sanction under section 197 Cr.P.C. has been obtained in this case. 5. In view of this matter, I find no justification in continuance of the Criminal proceedings against the petitioner, hence the same are dropped. 6. In the result, the petition is allowed.Petition Allowed. *******