Madhya Pradesh High Court
P.K. Shrivas vs The State Of Madhya Pradesh on 3 March, 2020
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-39807-2019
The High Court Of Madhya Pradesh
MCRC-39807-2019
(P.K. SHRIVAS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
8
Jabalpur, Dated : 03-03-2020
Shri A.S. Raizada, Advocate for the petitioner.
Shri S.S. Baghel, P.L. for the respondents-State.
Case diary be called for.
I.A. No. 1608/2019 for taking additional documents on record. Considering the averments made in the application, the same is allowed. The same is taken on record.
Petitioner has filed this petition under Section 482 Cr.P.C. to set-aside the order dated 04.07.2019 passed by learned Special Judge (SC/ST) Act, Jabalpur in S.T. No. 612/2014 whereby learned Judge has rejected the application filed by the petitioner for dropping the proceeding for want of sanction under Section 197 Cr.P.C.
Heard on I.A. No. 17836/2019 for grant of stay.
Learned counsel for the petitioner submits that learned trial court took cognizance against the petitioner-accused under Section 420, 467, 468, 471, 193, 120-B of IPC without obtaining prior sanction of the prosecution under Section 197 Cr.P.C. He further submits that the petitioner-accused is a public servant, therefore, as per provision of Section 197 of Cr.P.C. no court can take cognizance without obtaining prior sanction from the appropriate authority. It is admitted fact that at the time of incident petitioner-accused is Inspector Stenographer. It is alleged by the prosecution that complainant- Preeti Shukla, lodged a complaint in police station-Right Town, Jabalpur that this petitioner-accused has made some wrong entry in backdate in the receive- dispatch register. So, petitioner-accused be protected under Section 197 Cr.P.C.. In this regard, there is a Notification No. 166 Notification No. 1799- II-B (III) dated 14th May 1981, the State government has stated that the provision of Sub-section 2 of Section 197 of Cr.P.C shall apply to the Digitally signed by PALLAVI SINHA Date: 05/03/2020 10:44:50 2 MCRC-39807-2019 members of the Class III and Class IV employees of M.P. Police Force. The notification is reproduced herein under :-
"Notification No. 1799-II-B (III) dated 14th may 1981:- In exercise of the powers conferred by sub-section (3) of section 197 of the code of Criminal Procedure, 1973 (No. 2 of 1974), the State Government hereby directs that the provisions of sub-section (2) of the said section shall apply to the members of the class III and class IV of the Madhya Pradesh Police Force and the Madhya Pradesh Special Armed Force."
In view of the aforesaid, it is clear that the petitioner-accused is police official, so he is entitled to be protected under Section 197 of Cr.P.C. On these grounds, learned counsel for the petitioner prays for grant of stay.
Considering the aforesaid, contention of the learned counsel for the petitioner, it is directed that the proceeding of the S.T. No. 612/2014 pending before learned Special Judge (SC/ST) Act, Jabalpur, shall remain stayed till next date of hearing only in regard of this petitioner-P.K. Shrivas.
It is also directed to the petitioner to implead complainant-Priti Shukla, as respondent No.4 in this case.
List in week commencing 20.04.2020.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Pallavi Digitally signed by PALLAVI SINHA Date: 05/03/2020 10:44:50