Law: Criminal Procedure Code (V of 1898)

Section: 197

  Criminal Procedure Code (V of 1898)----S. 197-Peon employed in office of Chief Election Commissioner-Holds civil post in connection with affairs of Central Government-Sanction of Central Government necessary for his prosecution-Mere fact that he can be removed from service by Head of his Department-Does not disentitle him to protection under S. 197.   Newbould v. Emperor A I R 1936 Lah. 781 ref:   Date of hearing : 9th October 1964.   JUDGMENT   This is an application under section 439, Cr. P. C. praying that the order of the City and Additional District Magistrate, Karachi dated 29-2-63 setting aside the order of discharge passed in favour of the present petitioner by Mr. Azizuddin Ahmad, Magistrate First Class, Karachi, be quashed and the order of discharge be restored.   The material facts are these: The petitioner Zaheer Ali is a peon in the Chief ElectionCommissioner's Office at Karachi. He had gone to serve a notice to the office of one Rehanul Hasan Faruqui Advocate and he complained that the said Advocate tore off the notice and gave him a beating. This information having been given by the peon to the Section Officer, the latter sent a written complaint about it to the police station concerned and a case under section 332, P. P. C. was registered. The police found the case to be false and submitted a final report on 15-7-62 and on 20-7-62 after obtaining the sanction of the S. D. M. of the area concerned challaned the accused under section 182, P. P. C. The accused appeared before the Magistrate and pleaded not guilty and wished to be tried. On the next date he was represented by Mr. Shakir Ali Advocate who took the plea that in the absence of a sanction under section 197, Cr. P. C. the prosecution of the accused was not valid and that he was entitled to be discharged. The learned Magistrate Mr. Azizuddin Ahmad wrote a reasoned order and held that the petitioner was entitled to the protection under section 197, Cr. P. C. and in the absence of a sanction he could not be prosecuted. He accordingly discharged him. A revision application was taken by the prosecuting Sub-Inspector to the Court of the Additional District…