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2020 Supreme(Mad) 623
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
K. Nanjudan – Petitioner
Versus
The State Rep. by Deputy Superintendent of Police, Nilgiris – Respondent
Crl. R.C. No. 445 of 2020, Crl. M.P. Nos. 3584, 3585 of 2020
Decided On : 05-08-2020
Advocate Appeared:
For the Petitioner: M. Velmurugan.
For the Respondent: K. Prabakar.
The judgment establishes that acts of forgery and misappropriation of funds by a public servant, even while discharging official duties, are not protected under Section 197 Cr.P.C.
Headnote:
Corruption - Misappropriation of Government Funds - Prevention of Corruption Act, 1988, Indian Penal Code - 120(B), 167, 468, 471, 477(A), 409, 420 IPC and Section 13(2) r/w 3(1)(c) of the Prevention of Corruption Act, 1988 - Section 197 Cr.P.C.
Fact of the Case:
The petitioner, a public servant, was accused of swindling government funds allocated for the 'Indira Awas Yojana Scheme' by creating false documents and misappropriating funds. The petitioner argued that the sanction for prosecution under Section 197 Cr.P.C. was required as the alleged offences were committed while discharging official duties.
Finding of the Court:
The court found that the petitioner's actions of creating false documents and misappropriating funds were not part of his official duties and therefore, the sanction under Section 197 Cr.P.C. was not required. The court dismissed the revision and directed the trial court to proceed with the trial.
Issues: Whether the petitioner's actions of creating false documents and misappropriating funds were part of his official duties and thus required sanction under Section 197 Cr.P.C.
Ratio Decidendi: The court held that the petitioner's actions, which involved forgery and misappropriation of government funds, were not protected under Section 197 Cr.P.C. as they were not performed in discharge of official duties.
Final Decision: The revision was dismissed, and the trial court was directed to proceed with the trial.
JUDGMENT :
M. NIRMAL KUMAR, J.
Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and to set aside the order passed in Crl. M.P. No. 213 of 2017 in Special C.C. No. 37 of 2015, on the file of the Assistant Sessions Judge cum Special Judge, Udagamandalam, Nilgiris District vide order dated 12.11.2019.
1. The petitioner/A4 in Special C.C. No. 37 of 2015 filed a discharge petition in Crl. M.P. No. 213 of 2017 before the learned Assistant Sessions cum Special Judge, Udhagamandalam and the same was dismissed by order dated 12.11.2019, against which the present revision.
2. The case of the prosecution is that during the year 2007-2008 “Indira Awas Yojana Scheme” of rural development was implemented by the petitioner and other accused for getting financial assistance to construct houses for beneficiaries from Nelakottai Village Panchayat. In the implementation of scheme, the petitioner and other accused conspired to swindle the funds of government alloted for the beneficiaries. The specific case against the petitioner is that the petitioner in the capacity of Block Development Officer, Panchayat Union, Gudalur, with intention to defraud the public funds, made false accounts in the Final Contract Certificate entrusted to him by Nelakottai Village Panchayat President and he passed bills for the government subsidy amount and swindled the amount with help of other accused. When the case was registered, the petitioner was in service. After completion of investigation and filing of charge sheet, the petitioner retired from the service. Hence, the sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988, was not obtained.
3. In implementation of the above scheme, during the period from 13.06.2008 to 17.06.2009, the petitioner along with other accused in conspiracy with each other had created false documents by forging the signatures of beneficiaries and thumb impression in the Final Contract Certificate, based on which, forged cheques were prepared as genuine and thereby, committed misconduct and misappropriation of Rs. 3,24,139/-. Hence, the accused committed the offence under Section 120(B), 167, 468, 471, 477(A), 409, 420 IPC and Section 13(2) r/w 3(1)(c) of the Prevention of Corruption Act, 1988. On completion of investigation, charge sheet was filed annexing statements LW-1 to LW-24 and documents LD-1 to LD-39.
4. The learned counsel for the petitioner submitted that during the year 2008, the petitioner served as Block Development Officer, Panchayat Union, Gudalur. The specific allegation against the petitioner is that he had signed and created false accounts in the Final Contract Certificate entrusted to him by Nelakottai Village Panchayat President and thereby, swindled the government subsidy amount. He further submitted that the petitioner is falsely implicated with a vindictive motive of senior government officials. The petitioner after visiting the site, had issued the Final Contract Certificate based on the report of the construction of houses and he has nothing to do with alleged offence of fabrication of bills and misappropriation of funds. Further, the petitioner during the year 2007-2008 was a public servant and discharged his official duty. The petitioner served as Block Development Officer, Panchayat Union, Gudalur from 20.12.2007 to 12.06.2008. The alleged offence is said to have been committed by him while discharge of his official duty. Hence, it is a condition precedent for getting sanction under Section 197 Cr.P.C. from the State Government to prosecute public servant.
5. The learned counsel for the petitioner further submitted that Section 197 Cr.P.C. is a devise provided by law to safeguard public servants from vexatious and frivolous prosecution. It is to give them freedom and liberty to perform their duty without fear or favour and not succumb to the pressure of unscrupulous elements. It is weapon at the hands of the sanctionin
