Anil Kumar Aged About 59 Years Son Of Late ... vs The State Of Jharkhand ... Opposite ... on 15 April, 2025
13. So far as the contention of the petitioner regarding cognizance against
him being bad in law for want of sanction for prosecution is concerned, as has
been held by the Hon'ble Supreme Court of India in the case of Devinder
Singh & Another vs. State of Punjab through CBI (supra); the authority
cannot be camouflaged to commit a crime. Certainly misappropriation of a file
7 Cr. M.P. No.3476 of 2023
(2025:JHHC:11323)
is a crime. The entrustment of Service Records of Dilip Kumar Pandey
furnishes only the occasion or the opportunity for the petitioner to get a
dominion over the Service Records of Dilip Kumar Pandey. The claim of the
petitioner that such act of misappropriation was done reasonably in connection
of the course of his official duty and not in pretended course of official duty;