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1967 Supreme(Ori) 32

B.K.PATRA
MULSANKAR OJHA – Appellant
Versus
BHAGABAN MISRA – Respondent


ORDER

The question involved in this revision petition is whether under S. 197, Criminal P.C., sanction of the State Government is necessary for the prosecution of the opposite parties for offences under Ss. 448 and 352, Indian Penal Code alleged to have been committed by them. In March, 1958, Government granted a loan of Rs. 40,000/- to the petitioner under the Bihar and Orissa State Aid to Industries Act, 1923 on the condition that he would repay the same in twenty half-yearly instalments, the first instalment being payable one year after the date of the receipt of the loan with interest as stipulated in the bond. In accordance with the terms of repayment, the petitioner repaid the instalments due on 30-3-1959, 30-9-59 and 31-3-1960 - Rs. 6,000/- towards principal and Rs. 2,310/- towards interest. As he defaulted to pay the instalments which subsequently fell due, the Director of Industries filed a certificate case on 16-2-62 in the Court of the Certificate Officer, Cuttack for recovery of the balance amount of Rs. 34,000/- towards principal and Rs. 2,020/- towards interest due up on 31-1-1962. From the order sheet of the certificate Case it is seen, that the notice of institution
























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