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TMI Blog2014 (7) TMI 1379X X X X Extracts X X X X X X X X Extracts X X X X ..... and Alok Kumar, Advs. For the Respondents : Abhinav Mukherji, Adv. JUDGMENT RANJAN GOGOI, J. 1. Leave granted. 2. 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. On the basis of the various complaints made against the Appellant, FIR Nos. 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 409/420/467/468/471/34/120B of the Indian Penal Code (hereinafter for short 'Indian Penal C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order taking cognizance by the learned Trial Court had not been specifically challenged before it and it is only the order of the learned Sessions Judge that has been assailed by the Appellant. The aforesaid order dated 18.7.2012 of the High Court has also been challenged by the Appellant in the present group of appeals. 3. We have heard Mr. Santosh Mishra, learned Counsel for the Appellant and Mr. Abhinav Mukerji, learned Counsel for the State. 4. As the arguments advanced on behalf of the rival parties are a reiteration of the arguments advanced before the High Court the detailed and specific contentions need not be taken note of and it will suffice to say that while the Appellant contends that grant of sanction Under Section 197 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (1) of Article 356 of the Constitution was in force in a State, Clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government: were substituted". 6. A reading of the provisions of Section 197(1) of the Code reveals that there are three mandatory requirements Under Section 197(1) of the Code, namely, (a) that the accused is a public servant, (b) that the public servant can be removed from the post by or with the sanction either of the Central or the State Government, as the case may be, (c) the act(s) giving rise to the alleged offence had been committed by the public servant in the actual or purported discharge of his official duties. 7. Insofar as the first requirement is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the requirement of sanction, in the light of such subsequent facts that may come on record. 8. Insofar as the second requirement for the applicability of Section 197(1) of the Code is concerned, namely, whether the post held by the Appellant at the relevant time was one from which he could not be removed except by or with the sanction of the State Government, no evidence, whatsoever, has been led on the said question. The correct position in law with regard to the applicability of the second requirement Under Section 197(1) can, therefore, be answered only at a subsequent stage i.e. after evidence on the issue, if any, is forthcoming. 9. The above discussion will now require the Court to consider the question as to whether the acts gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en and may have to be determined at different stages of the proceeding/trial. The observations of this Court in this regard may be usefully extracted below. Matajog Dobey v. H.C. Bhari (para 21) The question may arise at any stage of the proceedings. The complaint may not disclose that the act constituting the offence was done or purported to be done in the discharge of official duty; but facts subsequently coming to light on a police or judicial inquiry or even in the course of the prosecution evidence at the trial, may establish the necessity for sanction. Whether sanction is necessary or not may have to be determined from stage to stage. The necessity may reveal itself in the course of the progress of the case. P.K. Pradhan v. State ..... X X X X Extracts X X X X X X X X Extracts X X X X
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