The main legal point established in the judgment is that the previous sanction for prosecution under Section 197 of Cr.P.C. is not required at the stage of taking cognizance for alleged offences under the Indian Penal Code if the acts were not committed in discharge of official duty.

JUDGMENT :

Through Video Conferencing

1. Heard Mr. A.K. Kashyap, learned Senior Counsel appearing on behalf of the petitioners alongwith Mr. Anurag Kashyap, Advocate.

2. Heard learned A.P.Ps. appearing for the Opposite Party-State in the respective cases.

3. This batch of matters arise from two First Information Reports, one is Manika P.S. Case No. 76 of 2010 corresponding to G.R. No.616 of 2010(S) and the other is Manika P.S. Case No. 75 of 2010 corresponding to G.R. No.615 of 2010(S). In all these cases, cognizance has been taken for the offences under Sections 420, 467, 468, 471, 120(B) and 409 of the Indian Penal Code which are under challenge in the following manner :

4. The petitioner-Awadhesh Kumar Singh was working as Dealing Assistant in the office of the Block Development Officer at Manika; the petitioner-Mrityunjay Kumar Singh was working as Nazir in the same office and the petitioner-Bidya Sagar Yadav was working as the Dealing Assistant in that office. So far as petitioner-Firoj Ahmed Khan is concerned, he was working as a Head Clerk in the same office.

5. The petitioners namely, Awadhesh Kumar Singh, Bidya Sagar Yadav, Mrityunjay Kumar Singh and Firoz Ahmed Khan are accused in both the cases. Awadhesh Kumar Singh, Mrityunjay Kumar Singh and Firoz Ahmed Khan have filed separate criminal miscellaneous petitions challenging the order taking cognizance passed in both the cases, whereas Bidya Sagar Yadav has filed Cr.M.P. No.2753/2019 challenging the order taking cognizance passed in connection with Manika P.S. Case No. 75 of 2010 corresponding to G.R. No.615 of 2010(S) only.

6. The entire criminal proceedings including orders taking cognizance dated 06.05.2019 passed in both the cases which are under challenge in this batch of petitions and the corresponding cases are said to be pending before the learned Additional C.J.M, Latehar for appearance of the petitioners.

7. Pursuant to the order dated 10.01.2022 passed by this Court, an affidavit dated 21.01.2022 has been filed bringing on record the order of sanction for prosecution which is contained in the order dated 28.08.2020 granting sanction for prosecution against Mritunjay Kumar Singh, Firoz Khan and Awadhesh Kumar Singh. It further appears from the counter-affidavit that the sanction for prosecution has now been forwarded to the concerned court vide order dated 21.01.2022. So far as sanction for prosecution against the petitioner-Bidya Sagar Yadav is concerned, a soft copy of the same has been forwarded to this Court and it is submitted that the prosecution sanction has been granted on 02.02.2022. Learned counsel for the State in Cr. M.P. No. 2753 of 2019 (Bidya Sagar Yadav Vs. State) submitted that the prosecution sanction will be forwarded to the learned court below as well.

Arguments of the Petitioners

8. The learned Senior Counsel appearing for the petitione