2012 (2) TMI 623 - SC - Indian Laws

Revisional jurisdiction under Section 397 Cr.P.C. was available to the respondent No. 2 in challenging the order of the Magistrate directing issuance of summons. The first question is answered against the appellant accordingly. Additional Sessions Judge and the High Court were not right in holding that for prosecuting the respondent No. 2 for the offences for which the summoning order has been issued, the sanction of the competent authority under Section 197 Cr.P.C. is required. The view of the Additional Sessions Judge and the High Court is bad in law being contrary to the law laid down by this Court in Prakash Singh Badal case (2006 (12) TMI 548 - SUPREME COURT OF INDIA). The second question is answered in the negative and in favour of the appellant.

Summary

Issues:
Appeal against dismissal of Criminal Revision Petition, Summoning order under IPC sections, Requirement of sanction under Section 197 Cr.P.C.

Analysis:
The judgment involves an appeal against the dismissal of a Criminal Revision Petition by the High Court of Punjab and Haryana. The case revolves around a complaint filed by the appellant, a transporter, against respondent No. 2, who was the Deputy Excise and Taxation Commissioner at the relevant time. The complaint alleged cheating, embezzlement of public money, and receipt of illegal gratification by the respondent. The Magistrate initially found grounds to proceed against the respondent under IPC sections 420, 406, and 161, but the summoning order was later set aside by the Additional Sessions Judge on the grounds of lack of sanction by the competent authority.

The first issue addressed in the judgment was whether the Criminal Revision Petition against the summoning order was maintainable. The court relied on previous decisions and concluded that revisional jurisdiction under Section 397 Cr.P.C. was available to challenge the summoning order. The second issue dealt with the requirement of sanction under Section 197 Cr.P.C. for prosecuting a public servant. The court referred to the decision in Prakash Singh Badal case and held that for offences like cheating under Section 420, the sanction of the competent authority was not mandatory, contrary to the views of the lower courts.

In conclusion, the Supreme Court allowed the appeal, setting aside the orders of the High Court and the Additional Sessions Judge. The court restored the summoning order passed by the Judicial Magistrate, directing the trial court to proceed against the respondent No. 2 as per the initial summoning order. The judgment clarified the legal position regarding the maintainability of Criminal Revision Petitions and the necessity of sanction under Section 197 Cr.P.C. for prosecuting public servants in certain cases.