Judgment

RANGANATH MISRA, J. :- In this appeal by special leave, the short question for consideration is, if sanction under Section 197, Code of Criminal Procedure (Code for short) is necessary for the prosecution of the appellant for an offence of cheating punishable, under Section 420 of the Indian Penal Code.

2. Appellant was Regional Officer of the Directorate of Field Publicity of the Government of India in 1972. He travelled by air from Srinagar to Delhi to and fro on one occasion and from Srinagar to Jammu to and fro on two other occasions by obtaining air tickets in lieu of exchange orders. The cost of the tickets obtained by the appellant was debitable to the account of the Directorate and under the rules the appellant was required to exclude the same from the bills for travelling allowance. On the allegation that the appellant submitted bills including the air fare and received payment for the same, a prosecution report was submitted against him for the offence of cheating under Section 420, I.P.C. in the Court of the Chief Judicial Magistrate of Srinagar. The appellant took the plea that in the absence of sanction under Section 197 of the Code, the prosecution was not main