JUDGMENT :

AMRITA SINHA, J.

1. In the instant application the petitioner has prayed for quashing the criminal proceeding being Special Case No. 1 of 2023 arising out of Alipurduar Police Station Case No. 317 of 2023 dated 24th September, 2023 under Sections 467/468/471/477A/409/420 of the Indian Penal Code, 1860 read with Section 13(1)(A) of the Prevention of Corruption (Amendment) Act, 2018 pending before the learned Special Court-cum-District & Sessions Judge, Alipurduar.

2. The ground agitated by the petitioner for quashing the aforesaid proceeding is that the said proceeding cannot and ought not to be initiated against the petitioner without obtaining sanction of the Government as he is a public servant.

3. The petitioner is serving as a constable of West Bengal Police and he claims to be a public servant within the meaning of Section 21 of the Indian Penal Code. It has been submitted that the proceeding initiated against the petitioner is untenable as he is protected under Section 197 of the Code of Criminal Procedure, 1973. The petitioner stresses upon the aforesaid Section and submits that as the petitioner is a public servant and he was performing public duty, accordingly, prio