Public servants cannot claim protection under Section 197 Cr.P.C for actions that fall outside the scope of their official duties, particularly in cases of forgery and misappropriation.

ORDER :

Praveer Bhatnagar, J.

The petitioner has preferred this misc. petition under Section 482 Cr.P.C against the order dated 23.08.2023 passed by learned Additional Sessions Judge, Bhadra, District Hanumangarh in Criminal Revision No.17/2023, by which the learned Court below has dismissed the Revision Petition and affirmed the order dated 13.04.2023 passed by the learned Additional Chief Judicial Magistrate, Bhadra, District Hanumangarh in Criminal Case No.493/2019, whereby charges against the petitioner for the offences under Sections 420, 466, 467, 468 471 & 120B IPC were framed.

2. In the nutshell, brief facts of the case are that the complainant Mahaveer Singh has submitted a compliant before the learned trial court alleging that a plot situated in Ward No.24, new Ward No.29 is in his possession, which he purchased from Ram Chandra Vakil on 19.05.2004 through agreement. The accused Bharat Singh while hatching the conspiracy with accused Dinesh and Ravi Kumar, concealing the fact of possession of the complainant get issued the forge Patta dated 28.07.2017 from Municipal Board, Bhadra, District Hanumangarh. In the complaint it is also stated that the Municipal Board, Bhadra, District Hanumangarh did not make site inspection and issue the forge Patta.

3. On the basis of the above, a case was registered under Sections 420, 466, 467, 468 471 & 120B IPC and after investigation police has charge sheeted the present petitioner under Sections 420, 466, 467, 468 471 & 120B IPC.

4. The learned trial court vide impugned order dated 13.04.2023 framed charges under Sections 420, 466, 467, 468 471 & 120B IPC against the present petitioner.

5. Learned counsel for the petitioner submits that the petitioner is the employee of the Municipal Board, Bhadra District Hanumangarh and posted as LDC in the Land Section and being a public servant while discharging his official duty he entered the name and address in the disputed document. He further submits that as per provisions of Section 197 Cr.P.C no sanction was obtained to prosecute the present petitioner by the concerned investigating officer. The learned trial court as well as the revisional Court did not consider the fact that without prior sanction under Section 197 Cr.P.C charges could not have been framed against the present petitioner, therefore, the order of learned trial court as well as the revisional court is against the provisions of law.

6. Learned counsel for the petitioner relies upon the judgment passed by a coordinate Bench of this Court in the case of Jagraj Singh v. State of Rajasthan in S.B. Criminal Misc. Petition No.3795/2016 decided on 26.08.2017, wherein the Misc Petition was allowed and it was held that the petitioner was not having any role whatsoever, so as to make out a case against him for the offences under Sections 167 & 193 IPC. The petitioner being a public servant has to be protected by Section 197 Cr.P.C and is covered by the precedental law cited by counsel for the petitioner as there is no direct allegation upon him for cheating, fabrication or misappropriation while discharging the official duty. The coordinate Bench also reached to the conclusion that at the most, the petitioner is accountable for the supervisory negligence. He further submits that the act of the petitioner falls within the ambit of his official duty and he has not exceeded his duties.

7. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that the petitioner did not challenge the charge-sheet filed after thorough investigation and the cognizance order passed by the learned trial court. He further submits that there is enough material on record which indicates that petitioner in conspiracy with the other accused Bharat Singh forged the Patta while fabricating the signature of Executive Officer- Devendra Kumar Sharma. He further submits that the petitioner in conspiracy with the main accused Bharat Singh knowingly that without app