ORDER

Leave granted. We have heard learned

counsel on both sides.

2. This appeal by special leave arises from the JUDGMENT and order of the learned 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 com- the discharge of his official duty, no complaint against R.D. Tripathi, the second re- shall take cognizance 'Of such offence except spondent, for offences 'Order Sections 409, with the previous sanction of the appropriate 420, 465, 468, 477 A and 109 IPC, after Government/authority". The essential require examination, alleging that the second respondent and the Cashier had fabricated his signatures drawn and misappropriated an against the public servant must have been amount of Rs. 443.90 which was due and done while acting or purporting to act in the payable to him. On the basis there of, after discharge of his official duties. In such a recording his evidence and also the court situation, it postulates that the public servant switness under Section 202 Dr. P.C. 1973, act is in furtherance of his performance or his the Magistrate dismissed the complaint hold- official duties. If the act/omissio