The judgment establishes the principle that the protection under Section 197(1) of the Cr.PC is not available to a public servant who cannot be removed from office by or with the sanction of the Government. It also emphasizes the importance of sufficient evidence to establish allegations in criminal cases.

V.K. Shrivastava, J.

1. Being aggrieved by the order dated 11-10-2001 in Criminal Case No. 1851/1995 (State v. Ram Prasad Pandey and three Ors.) passed by Chief Judicial Magistrate, Jagdalpur, Bastar, petitioner has preferred this revision.

2. Facts material for disposal of this revision, in brief compass, are that the petitioner was duly elected President of District Co-operative Central Bank Limited, Jagdalpur, Bastar. For proper functioning of the business of the Bank bylaws have been framed. Non-applicant No. 4, Balkrishna Agrawal applied for grant of loan for establishment of printing press namely as Sarita Printers and Publishers, Jagdalpur. The said application was forwarded to Apex Bank, Bhopal on 18-9-1993. On 27-9-1993 to discuss various agendas a meeting of Loan Sub-Committee was organized. Petitioner was the Chairperson of that Committee. There was no agenda to consider the matter regarding sanction of loan to Balkrishna Agrawal, but on the initiation of the petitioner, the matter was taken up, and a loan of Rs. 99 lakhs had been sanctioned without waiting for sanction and guidance from the Apex Bank, Bhopal and after bank hours, on 27-9-1993, a sum of Rs. 25 lakhs was released in favour of Balkrishna Agrawal, and on 28-9-1993, a sum of Rs. 49 lakhs has been paid to him. An enquiry has been conducted by Joint Registrar, Cooperative Society and Branch Manager, M.P. Cooperative Central Bank Ltd., Raipur under the authority of Registrar, Co-operative Society, Bhopal. On discreet enquiry, it was found that, for sanction of loan, more than Rs. 7.50 lakhs, the permission of Apex Bank was necessary. Project Report and documents, required for sanctioning the loan, are required to be verified. Proper guarantee should be taken for its repayment, but all the necessary requirements for sanctioning the loan have been overlooked and without authority loan was sanctioned and a sum of Rs. 74 lakhs has been released in favour of Balkrishna Agrawal. The enquiring authority also found that, the petitioner, who was the Chairperson of the Bank, and Ram Prasad Pandey, the then Manager, knowingly that all the documents are fake, without any authority, sanctioned and paid a sum of Rs. 74 lakhs to non-applicant No. 4, Balkrishna Agrawal. A report was lodged on 1-11-1993 by the Manager, Co-operative Central Bank, Jagdalpur. Police registered a case against the petitioner and Ors. under Sections 420, 409, 406, 427, 467, 468, 471, 120B read with Section 34 of the IPC.

3. During investigation all the necessary documents to support the allegation, had been collected and seized. The statements of witnesses had been recorded, and after concluding the investigation, a charge-sheet against the petitioner and non-applicant Nos. 2,3 and 4 has been filed in the Court of Chief Judicial Magistrate, Jagdalpur for trial. Advocate Mr. Shivnarayan Pandey, appearing for non-applicant No. 2, Ram Prasad filed an application under Section 91 of the Cr.PC for calling the record relating to the resolution passed by the Loan Sub-Committee on 27-9-1993 and the loan policy. Learned Trial Court, vide order passed on 6-10-2001, rejected the same. However, the learned Trial Court mentioned that, in future, if necessary, the said documents can be called. On 11-10-2001, the matter was taken up for consideration, and the Trial Court, after hearing both the parties and considering all the facts and documents repelled the contentions of the petitioner that, sanction for prosecution was necessary, and from the material available on record, the Trial Court framed charges under Sections 120B, 409,420,471/34 of the IPC against the petitioner.

4. The petitioner contended that, without obtaining sanction from the Government, the petitioner can not be prosecuted in violation of Section 197(1) of the Cr.PC. For reference, the provision contained in Section 197(1) of the Cr.PC is reproduced below :

"Section 197. Prosecution of Judges and Public servants. (1) When any person who is