IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4914 of 2007 SHAHID PARVEZ Versus STATE OF BIHAR & ANR ----------- For the petitioner : Mr. Abbas Haider, Adv., For the State : Mr. Gopesh Kumar, APP, For opposite party no.2 : Mr. U. S. Modi, Adv., : Mr. Suraj Narayan Yadav, Adv. 3. 15.5.2008. This application under Section 482 Cr.P.C. has been filed to quash the order dated 18.10.2006 passed by learned District & Sessions Judge, Madhubani in Criminal Revision No. 752 of 2006 and also the order dated 6.6.2006 passed by learned Judicial Magistrate, Ist Class, Jhanjharpur in C.R. No. 255 of 2005 thereby cognizance under Sections 147, 148, 323,406,468,384 and 504 of Indian Penal Code has been taken against this petitioner. Heard learned counsel for the petitioner as well as opposite party no. 2. Opposite party no. 2 claims to be a social worker and in capacity of that he filed this complaint case against the petitioner only because according to him the enquiry entrusted to the petitioner against Mukhiya had not been conducted which indicates that in collusion with Mukhiya this petitioner also misappropriated the money of Indra Awas Yojna and other public money. It is submitted by learned counsel for the petitioner that this case has been filed by opposite party no. 2 in order to black mail and extort money from BDO. This case has been filed without obtaining sanction under Section 197 Cr.P.C.. The petitioner is a - 2 - Government servant and therefore prior sanction of competent authority is required before filing of the complaint case. It is, further, submitted that on the basis of allegation contained in the complaint petition no criminal case is made out against this petitioner. Court below without applying his judicial mind and law applicable thereto has taken cognizance against the petitioner. Considered the submissions of learned counsel for the petitioner as well as the provision of Section 197 Cr.P.C. It appears that this case has been filed by opposite party no. 2 in order to black mail and extort money from the petitioner who is a Government servant. This tendency is highly condemnable. The court below through several decisions of Hon’ble Apex Court has been warned to be careful in taking cognizance in such matters but unfortunate part is that lower courts are not heeding to the warning. Thus, having regard to the facts and circumstances of the case, this application is allowed. Impugned order dated 18.10.2006 passed by learned District & Sessions Judge, Madhubani in Criminal Revision No. 752 of 2006 and also the order of cognizance dated 6.6.2006 passed by learned Judicial Magistrate, Ist Class, Jhanjharpur in C.R. No. 255 of 2005 as well as entire criminal proceedings arising out of C.R. No. 255 of 2005 is, hereby, quashed. kanchan (Ghanshyam Prasad, J.)