IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3063 OF 2008 Shashil Yashwant Patil .....Applicant V/s. Rajendra Basawant Teli & Ors. ......Respondents ======== Mr. Amit Shetye h/f.Mr.Amit Borkar ,adv.for applicant. Mr.H.J.Dedhia, APP for respondent/State. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 11 TH FEBRUARY, 2009. P.C. : 1. Heard learned counsel for both sides. 2. This criminal application is filed under Section 482 Cr.P.C. to challenge legality and correctness of the order dated 3rd June, 2008 passed by the learned Additional Sessions Judge, Gadhinglaj in Criminal Revision Application No. 3 of 2006. The applicant is the original complainant. Respondent no.1 is the Chief Officer of Gadhinglaj Municipal Council, respondent no.2 is working as Junior Engineer with Gadhinglaj Taluka and respondent no.3 is a contractor. 3. The applicant had filed a complaint against the respondents that they had left drainage water in his field instead of taking it up to the streamlet at a distance of 25 feet thereby causing nuisance to him. By the order dated 2nd February, 2005, the learned Judicial Magistrate First Class, Gadhinglaj issued process against the respondents no.1 to 3 under Section 239 read with 34 I.P.C. Respondents no.1 and 2 then filed revision application being Revision Application No.3 of 2006 to challenge the order contending that they being public servants, no process could be issued against them without obtaining sanction under Section 197 Cr.P.C. The learned revisional court considered this aspect and allowed the revision application and set aside the process issued. 4. There can be no dispute that respondents no.1 and 2 are public servants. There is also no dispute that the action alleged against them relates to their official duties of constructing drainage through the contractor, respondent no.3. It is alleged that the official duties have been performed in a negligent manner. Therefore, they cannot be prosecuted without sanction from the appropriate authority as required under Section 197 Cr.P.C. In the circumstances, no fault can be found with the impugned order. Hence, the Criminal Application is dismissed. [JUDGE]