Judgment ( 1. ) THE petitioner seeks quashment of Criminal Case No. 2519/2001, pending in the Court of Vijay Chandra, J. M. F. C. , Bhopal, which is stated to be Criminal Case No. 1539/2001 in petition. In this petition dated 16th of October, 2001, the petitioner further seeks the relief of setting aside the order, in framing the charge against this petitioner, for offence punishable under Section 409 of the IPC. It is not being disputed that by notification issued by Ministry of Home, Govt. of M. P,, which is dated 25th of October, 1994, the petitioner was appointed as Eviction Officer in Directorate of Estates. This notification is marked as Annexure B. Then by letter dated 9th of October, 95 under Secretary, Dept. of Home, made a request to Director, Directorate of Estate, Bhopal for getting Govt. Residence of F- 93/33 vacated, which was in possession of retired Principal Shri U. V. Singh, who is non-applicant No. 1 in this petition. This letter is marked as Annexure C. The aforesaid request is found repeated in memo marked as Annexure D, which is dated 27th of June, 95 and is, marked to the petitioner. On receipt of Annexure D eviction case is noted to have been registered in respect of Govt. accommodation which was in possession of non-applicant No. 1. Thereafter, non-applicant No. 1 is noted to have been served with eviction notice under Section 5 of M. P. Public Premises Eviction of 1981, which is marked as Annexure E. Then under Secretary, Dept. of Home sought a report from Director, Directorate of Estates, Bhopal by letter dated 9th of October, 95, which is marked as Annexure F, as to why the Govt. Accommodation bearing No. F-93/33 could not be vacated so far. ( 2. ) THEREAFTER, a public notice Annexure G is found to have been given by the petitioner, informing that on 28th of October, 95, the Govt. Accommodation bearing No. F-93/33 situated in Tulsi Nagar, which was under unauthorised occupation of non-applicant No. 1 is locked and sealed and hence the breaking open of the lock so also the seal would be an offence. On 3rd of November, 95 the aforesaid Govt. Accommodation is recorded to have been vacated by non-applicant No. 1, in the presence of this petitioner and the panch witnesses, as per Panchnama which is marked as Annexure H. This Govt. On 3rd of November, 95 the aforesaid Govt. Accommodation is recorded to have been vacated by non-applicant No. 1, in the presence of this petitioner and the panch witnesses, as per Panchnama which is marked as Annexure H. This Govt. Accommodation is stated to have been taken in possession of P. W. D. in this Panchnama Annexure H, the fact of getting the aforesaid Govt. Accommodation bearing No. F-93/33, situated in Tulsi Nagar vacated by this petitioner, is found recorded in Roznamcha dated 4th November, 95 of P. S. T. T. Nagar, Bhopal, the photo-copy of which is on record. ( 3. ) NON-APPLICANT No. 1 is found to have submitted his grievances in writing to C. S. P. T. T. Nagar, Bhopal which stood disallowed as is found informed by C. S. P. to Addl. S. P. vide letter dated 6th of December, 96. The photo-copy of this letter is marked as Annexure M. The perusal of photo-copy of order dated 11th of December, 95 passed by J. M. F. C. Bhopal on application filed by non-applicant No. 1, reveals that non-applicant No. 1 sought an order from the Court for getting a crime registered against this petitioner in connection with eviction proceedings and then to proceed with the investigation, but the prayer was disallowed by the learned J. M. F. C. The aforesaid order was unsuccessfully challenged by non-applicant No. 1 in Cr. R. No. 1/96 which was disposed of by Sessions Judge, Bhopal on 9th of April, 96, The orders passed by learned J. M. F. C. and Sessions Judge, are marked as Annexures N and O respectively. ( 4. ) THEN as per order dated 4th of July, 97 the photo-copy of which is on record and marked as Annexure P, the learned J. M. F. C, Bhopal took cognizance of offence punishable under Section 447 of the IPC, in complaint of non-applicant No. 1, against the petitioner, a perusal of photo-copy of order dated 31st of December, 98, which is marked as Annexure Q, reveals that the learned 1st A. S. J. , Bhopal who passed the aforesaid order in Cr. R. No. 65/98, filed by this petitioner, set aside the order dated 4th of July, 97 and 10th of January, 98, passed by J. M. F. C. , Bhopal, against this petitioner. R. No. 65/98, filed by this petitioner, set aside the order dated 4th of July, 97 and 10th of January, 98, passed by J. M. F. C. , Bhopal, against this petitioner. Then on 13-7-99 Shri B. S. Bhadauria J. M. F. C, Bhopal is found to have made this observation in order-sheet, the photo-copy of which is marked as Annexure R "that the concerning officer should have initiated departmental so also criminal proceedings against the petitioner for not making the relevant record of eviction proceedings available". The petitioner is found to have challenged this order of Cr. R. No. 238/99, which was allowed by Special Judge, Atrocities and 1st A. S. J. , Bhopal on 8th of September, 99, by quashing the aforesaid observation. ( 5. ) THEN on 14th of March 97 non-applicant No. 1 is found to have filed a complaint against this petitioner for offences punishable under Sections 448, 220,395,504, 406 and 409 of the IPC, the photo-copy of which is marked as Annexure P. For resisting the aforesaid complaint this petitioner submitted an application under Sections 197 and 245 read with Section 2 of the criminal procedure in the Court of J. M. F. C, Bhopal, the photo-copy of which is marked as Annexure U but it does not bear any date. By a detailed order dated 27th of April, 2001, the photo-copy of certified copy of which is marked as Annexure V. The learned J. M. F. C. is noted to have turned down the petitioners application moved under Section 197 of the Cr. PC on the ground that earlier on 7th of October, 99 and 24th of January, 2001 the orders are already passed on this point. The petitioner then challenged the aforesaid order dated 27th of April, 2001 in Cr. R. No. 207/2001, which stood rejected by 1st A. S. J. , Bhopal on 28th of September, 2001. It is under these circumstances that the petitioner has knocked the door of this Court seeking exercise of inherent powers, for quashing the Cr. Case bearing No. 2519/2001, pending in the Court of Shri Vijay Chandra, J. M. F. C. , Bhopal, against this petitioner and framing of charge for offence punishable under Section 409 of the IPC. ( 6. It is under these circumstances that the petitioner has knocked the door of this Court seeking exercise of inherent powers, for quashing the Cr. Case bearing No. 2519/2001, pending in the Court of Shri Vijay Chandra, J. M. F. C. , Bhopal, against this petitioner and framing of charge for offence punishable under Section 409 of the IPC. ( 6. ) OF course the orders dated 7th of October, 99 and 24th of January, 2001, referred by the learned J. M. F. C. in his order dated 27th of April, 2001 are not before this Court, yet this reference is noted in order dated 28th of September, 2001, passed by 1st A. S. J. , Bhopal in Cr. R. No. 207/2001, that the petitioner/accuseds application moved under Section 197 of the Cr. PC stood disallowed and rejected by J. M. F. C, on 24th of January, 2001. ( 7. ) THIS petition is being resisted on the ground that the orders dated 7th of October, 99 and 24th of January, 2001 passed on, the application moved on behalf of this petitioner under Section 197 of the Cr. PC have become final and hence now the lack of sanction for the prosecution of the petitioner, is not to be considered afresh in this petition. ( 8. ) ON consideration of all the facts and circumstances which are detailed above, it is apparent that non-applicant No. 1 has filed a criminal complaint registered as Cr. Case No. 2519/2001, against this petitioner, in connection with and feeling aggrieved, by the eviction proceedings, drawn and accomplished by the petitioner in the capacity of Eviction Officer, posted in Directorate of Estate, Bhopal. Thus the petitioner is being prosecuted for an act committed in discharge of his official duty. It is provided in sub-section (1) of Section 197 of the Cr. PC that no Court shall take cognizance of an offence, which is alleged to have been committed by a public servant, in discharge of his official duty, except with the previous sanction of the Govt. Since the delay or the finality of any order, does not defeat the remedy, provided in Section 482 of the Cr. PC, this petition is found to be a fit case of preventing the abuse of the process of the Court, which stands allowed. Since the delay or the finality of any order, does not defeat the remedy, provided in Section 482 of the Cr. PC, this petition is found to be a fit case of preventing the abuse of the process of the Court, which stands allowed. Consequently, the criminal case bearing No. 2519/2001 pending in the Court of Vijay Chandra, J. M. F. C. . Bhopal and the charge framed against this petitioner for an offence punishable under Section 409 of the IPC, are quashed. Since non-applicant No. 1 is a retired Principal, therefore, with great difficulty I resist myself from imposing a heavy cost on him who really deserve it.