Prosecution of public servants requires prior sanction when acts are related to official duties, safeguarding against abuse.

1. This instant criminal revisional application is filed by the petitioner praying for quashing of the proceeding being G.R. No. 260/2011 arising out of Simlapal P.S. Case No. 23/2011 dated 15.06.2011 under Sections 406 /420/12B/384 of the Indian Penal Code pending before the Learned Additional Chief Judicial Magistrate, Khatra, Bankura.

2. Petitioner stated that while he was attached with Simlapal Police Station, Simlapal, District Bankura one case was registered by him vide Simlapal P.S. GDE No. 113/2010 dated 3.3.2010 under section 41 of the Code of Criminal Procedure to the effect that on 3.3.2010 at about 20.30 Hrs. while he along with force were performing mobile duty at Bikrampur More under Simlapal Police Station, Simlapal, District Bankura one Lorry bearing Registration No. WB67/6842 loaded with white colour dolomite chips were proceeding towards Raipur at high speed. The petitioner managed to stop the said vehicle and thereafter directed the driver of the said Lorry to produce his driving licence and other papers of the said vehicle relating to the said goods. However, the driver failed to show any papers regarding vehicle as well as the loaded goods but he had only driving licence with authority letter (driving) of the owner of the vehicle with him. The present petitioner seized the vehicle as well as the driving licence of the driver and driving authority letter under proper seizure list and arrested the driver of the vehicle under section 41 of the Code of Criminal Procedure as he was unable to produce any papers relating to the vehicle as well as loaded goods in the vehicle. The driver was forwarded to the Learned court below on 4.3.2010 with the forwarding report.

3. The petitioner further stated that thereafter the driver of the vehicle was enlarged on bail by the Learned court below and so far as the return of the vehicle with dolomite was concerned, the Learned court below directed the concerned police authority to file report and necessary report was filed by the Inspector-in-Charge, Simlapal Police Station as well as by the present petitioner, who was the Investigating officer in the said case and upon perusing the said reports as well as report of the Regional Transport Authority, Bankura, the vehicle loaded with dolomite was released in favour of the owner of the vehicle i.e. the opposite party No.2 and during the course of proceeding an allegation was made by the owner of the vehicle i.e. the opposite party No.2 that in the said vehicle there was sum of Rs. 35,000/- kept but the same was not found at the time of receiving the vehicle pursuant to the order of the Learned court below. The said allegation was also dealt with by the Learned Magistrate but the Learned court below did not come in conclusive decision as to whether money was kept inside the vehicle or not. But, however, the owner of the vehicle i.e. the opposite party no. 2 had received the vehicle with loaded dolomite pursuant to the order of the Learned Magistrate.

4. Petitioner further stated that it transpires from the report of the Regional Transport Authority that the owner of the vehicle i.e. opposite party no. 2 after seizure of the vehicle applied for duplicate R/C Book and other documents relating to the vehicle from the Regional Transport Authority and the same was duly supplied and thereafter the opposite party no. 2 produced the same before the Learned court below for return of the said vehicle and thus it was well established that at the time of seizure there was no valid documents relating to the said vehicle under the custody of the owner as well as driver of the said vehicle.

5. Petitioner further stated that surprisingly after