1 IN THE HGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.1092/2010 (Kana Ram Vs. State of Raj.) Date of Order : 03.08.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Shambhoo Singh, for the petitioner. Mr. Anil Joshi, Public Prosecutor. Heard learned counsel for the petitioners. In this misc. petition filed under Section 482 Cr.P.C., the petitioner is challenging the order dated 30.6.2010 passed by Sessions Judge, Sirohi in criminal revision no.82/2009 whereby the revisional Court affirmed the order dated 09.11.2009 passed by Chief Judicial Magistrate, Sirohi in criminal regular case no.438/2001 by which the application filed by the petitioner under Section 197 Cr.P.C. was rejected. Admittedly, the petitioner was working on the post of LDC (cashier) in the Government Higher Secondary School, Sirohi. An application has been filed by the petitioner before the trial Court that there is protection available under Section 197 Cr.P.C. being a public servant that before launching any prosecution against him, the prosecution sanction is necessary. 2 I have perused the language of Section 197 Cr.P.C., which reads as under : “197. Prosecution of Judges and public servants. - (1) When any person who is or was a Judge or Magistrate or a public servant not 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 such offence except with the previous sanction.” Upon perusal of above Section, it is abundantly clear that this protection is available only to those government servants, who cannot be removed from service without the sanction of the Government. Thus, it is clear that this protection is not available to every government employee like the petitioner who is working on the post of LDC. Hence, the application filed by the petitioner before the trial Court with regard to the protection under Section 197 Cr.P.C. is totally unfounded and misconceived. In this view of the matter, I see no reason to interfere in the order impugned. Hence, this misc. petition filed under Section 482 Cr.P.C. is hereby dismissed. (GOPAL KRISHAN VYAS), J arun