1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Writ Petition No. 642/2010 Muthu Krishnana Shankar Narayan V/s. Ramesh pundlikrao Hirulkar and anr ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ------------------------------------------------------------------------------------------------------------------------------- Mr J. B. Kasat, counsel for the petitioner Coram: A.P. Bhangale, J Dated : 17th June 2011 1. Heard learned counsel for the parties. 2. The petitioner is aggrieved by the order dated 16/10/2008 passed by the Labour Court, Amravati, in Criminal ULP No. 15/2007 mainly on the ground that in view of the Section 197 of Code of Criminal Procedure, 1973 the petitioner is sought to be prosecuted for offence punishable under Section 48(1) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 without obtaining the sanction as required under Section 197 of the Code of Criminal Procedure. It is not disputed that, the petitioner is a public servant at present, working as Collector of Akola District. The identical ruling is 2 brought to my notice in which it is observed that no such criminal complaint under Section 48(1) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 can be instituted and cognizance taken against any public servant with reference to acts done in discharge of his duty without crossing the bar under Section 197 of Criminal Procedure Code. The reliance is placed upon N. J. Lawankar and others V/s. Anil Devidas Garad and others reported in [2007(5) Mh.L.J. 214. 3. At this stage, learned advocate for the respondent stated that the order in respect of which complaint was made has been complied with and arrears have been deposited in the Labour Court. In view of the statement no further order is required to be passed. It is made clear that the criminal proceedings under Section 48(1) against the petitioner are not maintainable without obtaining previous sanction under Section 197 of the Code of Criminal Procedure to prosecute public servant in connection with acts done in discharge of his duty. Impugned order is quashed and set aside. Petition stands disposed. JUDGE Punde