1999 (7) TMI 708

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....h Sections 120B and 109 of the Indian Penal Code. A learned Single Judge of the High Court of Kerala quashed the criminal proceedings against the respondent for want of sanction under Section 197 of the CrPC (for short 'the code'). State of Kerala, aggrieved by the said order of the High Court, has come up with this appeal by special leave. 3. The case against the respondent, in short, is that while he was working as Executive Engineer at the Moovartupuzha Valley Irrigation Project Division, he joined himself into a criminal conspiracy with four other accused for defrauding the Government by misappropriating about 600 tonnes of steel rods (costing Rs. 1,26,000). When respondent was charge-sheeted for the aforesaid offences, he ap....

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....s charged under Section 406 and 409 also which relate to criminal breach of trust by a public servant. Therefore, sanction is necessary to prosecute the petitioner (respondent). 6. In S.A. Venkataraman v. State [1958] SCR 1940 and in C.R. Bansi v. State of Maharashtra 1971CriLJ662 this Court has held that: There is nothing in the words used in Section 6(1) to even remotely suggest that previous sanction was necessary before a court could take cognizance of the offences mentioned therein in the case of a person who had ceased to be a public servant at the time the Court was asked to take cognizance, although he had been such a person at the time the offence was committed. 7. When the newly worded section appeared in the Code (....

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.... precedent for launching the prosecution is equally fallacious. This Court has stated the correct legal position in Shreekantiah Ramayya Munnipalli v. State of Bombay 1955CriLJ857 and also Amrik Singh v. State of Pepsu 1955CriLJ865 that it is not every offence committed by a public servant which requires sanction for prosecution under Section 197 of the Code, nor even every act done by him while he is actually engaged in the performance, of his official duties. Following the above legal position it was held in Harihar Prasad (supra) as follows: As far as the offence of criminal conspiracy punishable under Section 120B, read with Section 409 Indian Penal Code is concerned and also Section 5(2) of the Prevention of Corruption Act, ar....