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1996 Supreme(P&H) 1662

V.S.AGGARWAL
Tilak Raj – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. J.S. Wasu, Sr. Advocate with Mr. C.L. Sharma, Advocate.
For the Respondent: Mr. K.K. Behniwala, DAG, Punjab.


JUDGMENT

V.S. Aggarwal, J. - By this common judgment Criminal Misc. 7629-M of 1992 and Criminal Revision No. 709 of 1995 can conveniently be disposed of together.

2. The sole question agitated in the above mentioned Criminal Miscellaneous and Criminal Revision is as to whether sanction under Section 197 Criminal Procedure Code to prosecute the petitioner is necessary or not.

3. As against the petitioner, it is alleged that in the year 1981 the petitioner was posted in the office of Block Development Officer at Rurka Kalan as an Accountant. He was entrusted with Rs. 17,482/-. He committed criminal breach of trust in respect of the said property. During the same period be forged certain documents i.e. challans, vouchers and cash books intending that these shall be used for purposes of cheating. It is also asserted that he wilfully and with intention to defraud destroyed and forged some vouchers and account books in the office of Block Development Officer, Rurka Kalan.

4. It has been urged that in the facts of the case it was necessary that before the Court could take the cognizance the sanction to prosecute, as contemplated under sub-section (1) of Section 197 Criminal Procedure Code,



















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