Chargesheet was filed against petitioner-accused

No.7 and others alleging that when the accused No.7

was working as Administrative Officer of the Gram

Panchayath concerned has misappropriated a sum of

Rs.6,710/-.

2.

Learned

Magistrate

after

accepting

the

charge sheet took cognizance of the offences punishable

under Sections 408, 409 read with Section 34 of IPC and

issued summons to the petitioner-accused. Hence this

petition.

3

3.

Learned counsel for the petitioner submits

that the petitioner is alleged to have committed the

offences when he was discharging duty of Administrative

Officer of the Gram Panchayath concerned and the

charge sheet was filed without obtaining sanction as

specified in Section 197 of Cr.P.C. Hence, he submits

that the order taking cognizance against the petitioner-

accused stands vitiated for non compliance of Section

197 of Cr.P.C. In support he places reliance on the

decision of Hon9ble Apex Court in the case of

D. Devaraja vs Owais Sabeer Hussain reported in

(2020) 7 SCC 695.

4.

Learned High Court Government Pleader

appearing for the respondent-State submits that the

petitioner-accused having misappropriated the amount,

the police