{1} CWP No.92/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.92 OF 2011 Kalu Ramdas Patil PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ....... Mr.V.P.Patil, Advocate for the petitioner Mr.S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 27 th September 2011 PER COURT: 1. Present petition is directed against the judgment and order dated 17.03.2010 passed by Additional Sessions Judge, Amalner thereby dismissing Criminal Revision Application No. 12/2008, which was preferred challenging the order dated 14.02.2008 passed below Exhibit-1 in Miscellaneous Criminal Application No.40/2007. 2. Heard learned counsel for the petitioner. 3. Record shows that the petitioner has filed Criminal {2} CWP No.92/2011 Miscellaneous Application No.40/2007 against respondents No.2 to 6 u/s 408, 409, 420, 468, 407 r/w 34 of the Indian Penal Code. Record further shows that the respondent-accused are the Public Servants. Allegations in the complaint are that the respondent- accused have committed misappropriation of the funds, which were to be distributed under the Government Scheme to the persons affected due to natural calamity. Admittedly, acts alleged are done by the public servants in discharge of their official duty. If the act is done in the discharge of official duties then before prosecuting the public servants, sanction u/s 197 of the Criminal Procedure Code is mandatory. For the reasoned orders, for want of sanction and for other grounds, the complaint has been dismissed by the JMFC, Parola, which is upheld by the Sessions Court in Criminal Revision No.12/2008. Perusal of both the impugned orders indicates no perversity. In this light of the matter, the petition is liable to be rejected. Consequently, the petition, which is sans merits stands dismissed summarily. [A.V.POTDAR, J.] drp/B11/cwp92-11