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2017 DIGILAW 1108 (PAT)

Keshav Kumar Shahi v. State of Bihar

2017-08-24

ARVIND SRIVASTAVA

body2017
ARVIND SRIVASTAVA, J.:–Heard learned counsel for the parties. 2. Petitioner, by means of this application under section 482 of the Code of Criminal Procedure, has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 03.02.2014, passed by Sri S.K. Jha, Judicial Magistrate, 1st Class, Sikrahana, Motihari in Complaint Case No. 1203 of 2012, whereby cognizance has been taken against the petitioner for the offences under sections 417 and 420 of the Indian Penal Code. 3. The contention of the learned counsel for the petitioner is that no offence against the petitioner is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. Petitioner is a Government Servant and was posted as Block Agriculture Officer, Chiraiya Block, Motihai at the relevant time. A notice (Annexure-2) was given to M/s Tridev Rice Mill, of whose wife of complainant Smt. Chanda Devi is Proprietor, to deposit 38 Lott of CMR otherwise her firm would be blacklisted and legal action would be taken. District Magistrate vide memo dated 27.09.2012 (Annexure-4) gave warning to deposit the CMR. Complaint in order to save his skin from the above, filed the present complaint case against the petitioner and B.S.F.C. Learned counsel submits that the present case is false and that too has been lodged against the petitioner in his official capacity. In terms of provisions of section 197 Cr.P.C., for launching a prosecution against a Public Servant, prior sanction of the Government is necessary, and as such the order taking cognizance is fit to be quashed. 4. From perusal of the materials available on record and looking into the facts of the case at this stage, this Court finds force in the arguments advanced on behalf of the petitioner. The complainant has lodged the present complaint against the B.S.F.C., Motihari and Block Agriculture Officer, Chiraiya in official capacity. In terms of Section 197 Cr.P.C., prior sanction of the Government is necessary before launching prosecution against Government Officials. As such, the order dated 03.02.2014, passed by Sri S.K. Jha, Judicial Magistrate, 1st Class, Sikrahana, Motihari in Complaint Case No. 1203 of 2012, whereby cognizance has been taken against the petitioner for the offences under sections 417 and 420 of the Indian Penal Code, is not sustainable in the eye of law. The same is, accordingly, quashed. 5. The application stands allowed.