TMI Blog1997 (3) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... d Single Judge of Allahabad High Court, made on September 31, 1995 in Criminal Revision No. 985 of 1993. 3. The appellant had laid a private complaint against R.D. Tripathi, the second respondent, for offences under Section 409, 420, 465, 468, 477A and 109 I.P.C. after examination, alleging that the second respondent and the Cashier had fabricated his signatures, drawn and misappropriated and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nection between the act and discharge of his official duty. Under these circumstances, sanction under Section 197, Cr.P.C. is necessary before prosecution of this accused . In support of it, the learned Judge relied upon Han Ram v. Emperor (1939) F.C.R. 159, Orill's case [1948 L R 75 Ind App41] and the case of B. Saha v. M.S. Kochhar (1979) A.C.C. (16) 318. The question is : whether the view t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant's act is in furtherance of the performance of his official duties. If the act/omission is integral to performance of public duty, the public servant is entitled to the protection under Section 197(1) of Cr.P.C. without previous sanction, the complaint/charge against him for alleged offence cannot be proceeded with in the trial. The sanction of the appropriate Government or competent autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty are not integrally connected. 5. The question is : when the public servant is alleged to have committed the offence of fabrication of record or misappropriation of public fund etc., can he be said to have acted in discharge of his official duties? It is not the official duty of the public servant to fabricate the false record and misappropriate the public funds etc. in furtherance of or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Magistrate was right in his conclusion that the respondent had not committed any offence. We desist to go into that aspect. It is made clear that we have not expressed any opinion on merits of the case. We have only dealt with the contention as the need for sanction and as to whether the sanction becomes necessary under Section 197(1) of Cr.P.C. 7. The appeal is accordingly allowed to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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