JUDGMENT

Arijit Pasayat, J.-These two appeals are interlinked as the point involved revolves round the scope and ambit of Section 197 of the Code of Criminal Procedure, 1973 (for short the Code ). The Himachal Pradesh High Court by the impugned judgment held that in the absence of requisite sanction in terms of Section 197 of the Code proceedings initiated against the respondent (hereinafter referred to as the Accused ) cannot proceed. Two proceedings were initiated against the accused, one was for alleged commission of offences punishable under Section 120-B, Section 420 read with Section 511 of the Indian Penal Code, 1860 (for short the IPC ), Section 5(2) (1) (d) of the Prevention of Corruption Act, 1947 (for short the Old Act ) corresponding to Section 13 (1)(d) of the Prevention of Corruption Act, 1988 (for short the New Act ). The Special Judge (Forests), Shimla, directed the accused to be charged accordingly by his order dated 5.8.1995. In the other case charges were framed against the accused on 5.11.1995 for the offence punishable under Section 467, 468, 471, 420, 120-B IPC and Section 5(2)(1) (d) of the Old Act corresponding to Section 13 (1)(d) of the New Act.

2. Shea