AIR 1959 ANDHRA PRADESH 27 ::1958 MadLJ(Cri) 897 ::1958 AndhLT 731 ::(1958) 2 Andh WR 553

Andhra Pradesh High Court

Hon'ble Judge(s): P. Basi Reddy , J

(A) Criminal P.C. (5 of 1898) , S.197— Scope - 'Public servant' - Meaning of - Sarpanch or Upa-Sarpanch of Gram Panchayat - Section not attracted. Panchayats. Words and Phrases - 'Public servant'. Hyderabad Gram Panchayats Act (17 of 1956) , S.115, S.145— Penal Code (45 of 1860) , S.21— Section 197, Cr. P.C. does not afford protection to all public servants but only to certain category of public servants, namely, those who are not removable from office save by or with the sanction of a State Government or the Central Government as the case may be. It is true that the Sarpanch and the upa-Sarpanch are deemed to be public servants by virtue of S. 145 of the Hyderabad Gram Panchayats Act but a Sarpanch or an Upa-Sarpanch of a Gram Panchayat is not a public servant not removable from his office save by or with the sanction of the State Government; nor is he a person employed in connection with the officers of the State. He is therefore not entitled to the protection under S. 197, Criminal P.C.(Para 6 9) Anno : AIR Com., Criminal P.C., S. 197, N. 4; AIR Man., Penal Code, S. 21, N. 7. (B) Hyderabad Gram Panchayats Act (17 of 1956) , S.128— Panchayats - Plea of good faith when can, be raised. Penal Code (45 of 1860) , S.52— ....