Important Point—Cognizance of offence against public servant cannot be taken without prior sanction by State Government.

Vijay Bishnoi, J.

1. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 28.06.2012 passed by the Additional Sessions Judge No. 1, Sri Ganganagar (hereinafter referred to as 'the revisional court') in Criminal Revision Petition No. 90/2007, whereby the revision petition filed by the petitioner has been dismissed. The said revision petition was preferred by the petitioner being aggrieved with the order dated 19.07.2007 passed by the Judicial Magistrate, First Class, Sadulshahar, District Sri Ganganagar (hereinafter referred to as 'the trial court') in Criminal Misc. Case No. 509/2007 in FR No. 89/2002 arising out of FIR No. 149/2000 of Police Station Sadhulshahar, District Sri Ganganagar, whereby the trial court directed to take cognizance for the offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC against the petitioner along with two other co-accused persons.

2. Brief facts of the case are that the petitioner was the Sarpanch of Gram Panchayat Khat Sajawar, Panchayat Samiti Sadulshahar, District Sri Ganganagar from February 2005 to January 2015. The respondent No. 2 filed a complaint before the trial court on 19.06.2000 against the petitioner and two other co-accused persons while alleging that the amount of subsidy of Rs. 650/- was embezzled by the petitioner and other co-accused persons in the name of a dead person. It is alleged that the petitioner submitted an application for grant of subsidy in the name of one Mewa Singh in February - March 2000 and also received subsidy amount of Rs. 650/- in his name, though, Mewa Singh was not alive in February - March 2000 as he died on 03.10.1999. It is alleged that the petitioner being a Sarpanch had verified a certificate of subsidy in the name of dead person Mewa Singh despite having knowledge of his death. It is also alleged that when the matter was raised in the meeting of Gram Sabha, the petitioner had declared, in the presence of villagers, that she had intention to embezzle the said amount in the name of dead person and she did it. It is also alleged in the complaint that when the villagers had raised their objections about the said action of the petitioner, she filed an application before the Vikas Adhikari and other Officers and deposited the amount of subsidy of Rs. 650/-, received in the name of dead person, on 25.03.2000. It is alleged that the petitioner as well as other co-accused persons had embezzled the government money and committed offence of cheating and also committed the offence of preparation of forged document.

3. The aforesaid complaint filed by the respondent No. 2 before the trial court was sent for investigation to the police and the Police Station Sadulshahar, District Sri Ganganagar registered the FIR No. 149/2007 for the offences punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC against the petitioner and two other co-accused Officers and started investigation.

4. After investigation, initially the police filed negative final report while concluding that since the petitioner had already deposited the money, received by her in the name of a dead person, no offence is made out, however, later on, after receiving of the report from the Forensic Science Laboratory regarding thumb impression upon the certificate, the matter was reopened and the police had concluded that the petitioner was guilty for commission of offences punishable under Sections 409,420, 467, 468, 471 and 120-B IPC as the petitioner was the Sarpanch of Gram Panchayat at the relevant time. The police approached the State Government for granting prosecution sanction against the petitioner, however, the State Government refused to grant prosecution sanction for prosecuting the petitioner while observing that since the alleged embezzled money was already deposited by the petitioner in the Government Treasury and there appears no intention of the petitioner to embezzle the said am