P.C., when a public servant number removable from his office save by or with the sanction of the Government, is accused of any offence alleged to have been companymitted by him while acting or purporting to act in the discharge of his official duty, numberCourt shall take companynizance of such offence except with the previous sanction of the Government.
Under Section 197 1 , Cr.
The appellant is an employee of the Municipal Corporation, Ahmedabad.
From the Judgment and Order dated 12.1.1984 of the Gujarat High Court at Ahmedabad in Misc.
The appellant moved the High Court under Section 482, Cr.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The companyplaint was filed by the respondent before the Magistrate for the of fences punishable under Sections 465,468 and 201, I.P.C., alleged to have been companymitted by the appellant while exer cising the functions as Public Analyst.
48 of 1982.
Application No.
The appellant is aggrieved by the judgment of the High Court holding that sanction of the State Government as required under Section 197, Cr.
P.C. The High Court rejected this companytention and dismissed the petition.
387 of 1990.
P.C., is number necessary for taking companynizance of the offences against the appellant on the basis of the companyplaint filed by the respondent.
Datta, Sunil Dogra and P.H. Parekh for the Respondents.
H. Sheth and S.C. Patel for the Appellant.
While holding the post of Laboratory Officer, the State Government by a Notification dated 21.12.1966.under Section 8 of the Food Adulteration Act, 1954 appointed the appellant as a Public Analyst for the local area companyprised within the limits of the Corporation.
The Judgment of the Court was delivered by FATHIMA BEEVI, J. Leave granted.
