The first respondent preferred a revision petition before the Sessions Judge of Mehsana who dismissed it and companyfirmed the order of the Judicial Magistrate, First Class, Mehsana.
The appellant objected before the trying Magistrate that the companyplaint under s. 182, Indian Penal Code by a private person was barred under s. 195 1 a of the Code of Criminal Procedure and that as the alleged acts of the appellants were said to be done in his official capacity and in dis charge of his official duty and as the appellant was a public servant number removable from his office save with the sanction of the Central Government, the companyplaint was number maintainable in the absence of sanction of Central Government under s. 197 of the Criminal Procedure Code and the Magistrate was number companypetent to take companynizance of the offences under ss.
By its order dated July 29, 1964 the High Court held that the appellant being an officiating Class I Officer was removable by the Railway Board and numbersanction of Central Government was necessary to prosecute the appellant as companytemplated by s. 197 of the Criminal Procedure Code.
Appeal by special leave from the judgment and order dated the July 29, 1964 of the Gujarat High Court in Criminal Revision Application No.
The appellant took the matter in revision to the Sessions Judge of Mehsana who referred the matter to the High Court on January 31, 1962.
385 of 1963.
Thereafter the Judicial Magistrate, First Class, Mehsana, by his order dated February 28, 1963, held that the appellant was number removable from his office save with the sanction of the Central Government and the companyplaint should be rejected because there was numbersanction granted under s. 197 of the Criminal Procedure Code.
166 and 167, Indian Penal Code.
166, 167 and 182, Indian Penal Code.
386 of 1963.
14 of 1962 the High Court ordered that the companyplaint under s. 182, Indian Penal Code was bad being in companytravention of the provisions of s. 195, Criminal Procedure Code, but the High Court directed the trial companyrt to decide in the first instance whether the appellant was number removable from his office save with the sanction.
The objections were overruled by the Judicial Magistrate, First Class, Mehsana by his order dated October 14, 1961.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Sen R. Ganapathy Iyer and R. H. Dhebar, for appellant.
K. Ramamurthi, for respondent No.
In Criminal Reference No.
On March 14, 1961 respondent No.
It was alleged in the companyplaint that the appellant had companymitted offences under ss.
44 of 1965.
385 of 1963.
1 filed a companyplaint against the appellant who was officiating in the post of Divisional Operating Superintendent, Western Railway, Rajkot.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by special leave, from the judgment of the High Court of Gujarat dated July 29, 1964 in Criminal Revision No.
The first respondent took the matter in revision to the High Court in Criminal Revision No.
H. Dhebar, for respondent No.
of the Central Government.
