IMPORTANT POINT
The central legal point established in the judgment is the requirement for prior sanction for prosecution of public servants under Section 197 Cr.P.C., and the necessity for specific allegations and material to establish the commission of offences.

JUDGMENT :

1. Heard Sri Vinod Kumar Shahi, the learned Additional Advocate General assisted by Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State - Revisionist, Sri Krishna Gopal, the learned Counsel for the opposite party no.2 and perused the records.

2. By means of the instant revision filed under Section 397/401 Cr.P.C. the State has challenged the validity of an order dated 17.02.2021, passed by learned Chief Judicial Magistrate, Barabanki (hereinafter referred to as ‘the C.J.M.’) in Case No.717 of 2021 - Ram Pratap Versus Anup Kumar Singh and others, whereby while deciding a protest application filed by the opposite party no.2 against a final report submitted by the Investigating Officer the learned trial court has not only accepted the protest application and rejected the final report and taken cognizance of offences under Sections 323, 504, 500 and 166 I.P.C. allegedly committed by the persons named in the F.I.R., but at the same time has taken cognizance of offence under Section 120-B I.P.C. against Megha Roopam - the then Chief Development Officer (hereinafter referred to as ‘the C.D.O.’), Sri. Arvind Chaturvedi – the then Superintendent of Police (hereinafter referred to as ‘the S.P.’) and Sri. Zaid Ahmad - the Investigating Officer/Sub-Inspector of Police (hereinafter referred to as ‘the I.O.). Cognizance of offence under Section 166-A I.P.C. has also been taken against Sri. Prakash Chandra Sharma - the then Station House Officer (hereinafter referred to as ‘the S.H.O.’). Copies of the order were directed to be sent to the Principal Secretary of Government of U. P. (without specifying the department) and to the District Magistrate for initiating departmental action against the then Chief Development officer, the then S.P. and the then S.H.O., Dewa, Barabanki for submitting a final report in the matter for giving wrongful benefit to the accused persons under a conspiracy and a copy was ordered to be sent to the S.P. for taking action against the S.H.O. for his omission to register a case regarding embezzlement of government money.

3. Briefly stated, the facts of the case are that the opposite party no. 2 had filed an application under Section 156 (3) Cr.P.C. against (i) Anup Kumar Singh, Block Development Officer (hereinafter referred to as ‘the B.D.O.’), (ii) Beena, Village Panchayat Officer, alleging that the complainant is a former Village Pradhan. The complainant had given a complaint to the District Magistrate alleging that the work of construction of toilets was being carried out in the village against the prescribed standards. Thereupon an enquiry was conducted through the C.D.O., Barabanki and the Sub Divisional Magistrate, Nawabganj, District Barabanki and both the aforesaid officers had submitted reports containing different findings. The complainant on his own got an enquiry conducted by the Village Panchayat Officer and he gave an application to the Sub Divisional Magistrate, Nawabganj, Barabanki. The complainant had gone to some office on 05.08.2019 where the Village Development Officer was also present. Both the accused persons alleged that the complainant was a tout and this was the reason behind his making the complaints. When the complainant objected, the Block Development Officer Anup Kumar Singh slapped him and pushed him out of the office and the other co-accused person stated that she had seen many village pradhans like the complainant and she asked him to go away else the consequence will not be good. The complainant stated that the use of word tout was intended to cause disrespect to the complainant, from which he suffered mental and physical agony.

4. On 04.08.2020 the C.J.M., Barabanki passed an order stating that from the facts, circumstances and documents available, the matter appears to be of embezzlement of public money, which prima facie appears to be a cognizable offence. The C.J.M. directed the S.H.O., Dewa, Barabanki to register a case against appropriate persons in a