Anwar Ullah vs Emperor - 1933 Supreme(All) 450

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(All) 450

BENNET
Anwar Ullah – Appellant
Versus
Emperor – Respondent

JUDGMENT

Bennet, J. - This is a criminal appeal on behalf of one Anwar Ullah who has been sentenced to five years' Rule I. concurrently on three charges u/s 409, Penal Code, and sentenced to pay certain fines. The accused was a clerk in the District Board Office at Azamgarh, and the charges are that on 11th December 1928, he drew a cheque for Rs. 2,490 from the treasury in cash, and on 16th April 1929, he drew a cheque for Rs. 1,130 in cash, and on 20th April 1929, he drew a cheque for Rs. 644 in cash, and that he committed criminal breach of trust of all these amounts. The first argument which was addressed to me was that sanction of the Locsal Government was necessary for this prosecution u/s 197, Criminal P.C. That section lays down that sanction is necessary in the case of a public servant who is not removable from his office save by or with the sanction of the Local Government or some higher authority and who is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty. The lower Court has followed certain rulings and held that the actions in question were a breach of official duty and could not be said

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