1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3192 OF 2009 Shri Govid @ Bhai Ganesh Tilve ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Smt. V.R.Raje, Advocate, for the petitioner. Ms. A.T.Javeri, APP, for the respondents State. CORAM: J.H.BHATIA, J. DATE : 15th June, 2010. P.C. 1. Heard the learned Counsel for the parties 2. The petitioner filed the complaint under Section 166 read with Sc. 34 I.P.C. against respondent nos. 2 and 3. The respondent No.2 was the Assistant Charity Commissioner and respondent no.3 was the Judicial Clerk in that office. It is contended that the respondent no.2 had passed certain orders without properly hearing the petitioner. The Judicial Magistrate rejected the application on the ground that there was no sanction for prosecution under Section 197 Cr.P.C. Revision against that order was also rejected. Section 197(1) Cr.P.C. provides that when any person who is or was a Judge or Magistrate or a public servant, not 2 removable from his office save by or with the sanction of the Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of the said offence except with the previous sanction of the concerned Government. The respondent No.2 - Assistant Charity Commissioner cannot be removed from service save by the orders of the Government. Therefore, he could not be prosecuted for the offence under section 166 which was allegedly committed while the respondent no.2 was discharging his official duties as an Assistant Charity Commissioner. 3. Therefore, I find no substance in the present petition. The petition stands dismissed. (J.H.BHATIA,J.)