1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C482) No. 891 of 2005 H.D.Kandpal S/O Late Shri Tara Dutt Kandpal, Secretary/ General Manager, Uttarkashi District Cooperative Bank Ltd., Uttarkashi, at present working as Secretary/ General Manager, Almora District Cooperative Bank Ltd., Almora …………………… Petitioner Versus 1. State of Uttarakhand 2. Kedar Singh Rawat, S/O Late Shri Balam Singh Rawat R/O Village Beeph, Tehsil Barkot, District Uttarkashi, at present at Kali Mandir Marg, Uttarkashi. ………………… Respondents Shri Lokendra Dobhal, Advocate, present for the petitioner Shri M.A.Khan, Brief Holder, present for respondent no.1 Shri Abhishek Verma, Advocate, Holding Brief, of Shri Sudhir Singh, Advocate, present for respondent no.2/complainant. Hon’ble Prafulla C. Pant, J. By means of this petition, moved Under Section 482 of Code of Criminal procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal 2 Complaint Case No. 89 of 2004, Kedar Singh Rawat vs. Ram Niwas and others, relating to offences punishable under section 109, 120B, 166, 167, 465 and 469 of I.P.C., pending in the court of Judicial Magistrate, Uttarkashi. (2) Heard learned counsel for the parties and perused the papers on record. (3) Brief facts of the case are that the respondent no.2/complainant filed a criminal complaint before Chief Judicial Magistrate, Uttarkashi, against Returning officer and the officers of Uttarkashi District Cooperative Bank Ltd. Uttarkashi, with the allegation that in the election scheduled to be held on 6th and 7th July 1999, the accused including the petitioner committed illegality/irregularities in rejecting and accepting the nomination papers of the candidates in the process of election for the post of Director, Chairman, Deputy Chairman of the District Cooperative Bank. The Magistrate, after recording the statement of the complainant under section 200 and that of witnesses under section 202 of Cr.P.C summoned the accused including the petitioner H.D. Kandpal, General Manager/Secretary of Uttarkashi District 3 Cooperative Bank, to face the trial in respect of offences punishable under section 109, 120B, 166, 167, 465, 469 of I.P.C. (4) Learned counsel for the petitioner submitted that all the accused including the petitioner are the public servants. It is further pleaded that the offences are allegedly committed by the petitioner and other co accused, in discharge of their public duties. It is argued that the prosecution of the petitioner and other co accused who are public servants is liable to be quashed as no sanction, as required under section 197 of Cr.P.C., is obtained in the case. Reference is made to the case of Anjani Kumar vs. State of Bihar [2008 (61) ACC 982] in which the apex court has held that in respect of offences said to have been committed in discharge of public duties by the public servants, prosecution can not proceed without there being sanction under section 197 of Cr.P.C. (5) I have gone through the aforesaid case law and the provision contained in section 197 of Cr.P.C. Petitioner H.D.Kandpal is Secretary/General Manager of Uttarkashi District Cooperative Bank, Uttarkashi. The other co accused namely Ram Niwas (Sub Divisional Magistrate, Barkot), J.P.Jhildiyal (H.O.D, 4 I.T.I) and Jot Singh Aswal (Sr. Manager District Cooperative Bank Uttarkashi) are also public servants. It has come on the record that alleged offences are said to have committed in discharge of official duty by the accused including petitioner, in connection with conducting the election to the post of Director, Chairman, Deputy Chairman etc. (6) For the reasons as discussed above, for the wants of sanction as required under section 197 of Cr.P.C, the impugned criminal proceedings, are liable to be quashed. (7) Therefore, the petition under section 482 of Cr.P.C is allowed. Proceedings of Criminal Complaint Case No. 89 of 2004 Kedar Singh Rawat vs. Ram Niwas and others, relating to offences punishable under section 109, 120B, 166 167, 465 and 469 of I.P.C., pending in the court of Judicial Magistrate, Uttarkashi, are hereby quashed. (Prafulla C. Pant, J.) Dt.16.6.2010 N.P 5