The said orders of the learned Additional Sessions Judge were challenged before the High Court of Patna in Crl.
Aggrieved, the appellant filed revision applications before the learned Sessions Judge, Patna challenging the orders passed by the learned Trial Court, primarily, on the ground that the said orders were without jurisdiction and incompetent in law inasmuch as sanction for prosecution of the appellant under Section 197 of the Code of Criminal Procedure hereinafter for short the Code was number obtained or granted prior to the date of taking of companynizance.
The revision applications filed by the appellant were dismissed by the learned Additional Sessions Judge, Fast Track Court No.2, Patna by orders of different dates.
3187/2011, 3190/2011, 3191/2011 and 3192/2011.
The High Court by the companymon impugned order dated 27.11.2012 negatived the challenge made by the appellant leading to the present appeals.
On the basis of the various companyplaints made against the appellant, FIR Nos.
On companypletion of investigation in all the cases, chargesheets were submitted before the companypetent companyrt on the basis of which the learned Chief Judicial Magistrate, Patna took companynizance of the offences alleged against the appellant.
837/2002 dated 16.12.2002, 859/2002 and 860/2002 both dated 24.12.2002, 19/2003 dated 07.01.2003 and 41/2003 dated 18.01.2003 under Sections 409/420/467/468/ 471/34/120 B of the Indian Penal Code hereinafter for short IPC were registered at Police Station Gardani Bagh Shastri Nagar , Patna.
RANJAN GOGOI, J. Leave granted.
The appellant, at the relevant point of time, was a member of the Indian Administrative Service and serving on deputation as the Administrator cum Managing Director of the Bihar State Housing Cooperative Federation Ltd. The aforesaid Federation is a society registered under the Bihar Cooperative Societies Act, 1935.
