AIR 1964 RAJASTHAN 174 ::1964 RajLW 238 ::ILR (1964) 14 Raj 626

Rajasthan High Court

Hon'ble Judge(s): D. M. Bhandari, B. P. Beri , JJ

Criminal P.C. (5 of 1898) , S.4, S.197— Scope and Applicability - Sanction for prosecution - Sarpanch or Upsarpanch of a Panchayat is a public servant - He is entitled to protection u/S.197 Cr. P.C. and complaint against him cannot be taken cognizance of without the sanction of State Government - 'Employed' - 'Removable' meaning of. Rajasthan Panchayat Act (21 of 1953) , S.17, S.78— Penal Code (45 of 1860) , S.21— ILR (1954) 4 Raj 464 and ILR (1959) 9 Raj 38, Overruled. The Sarpancha of a Panchayat is a public servant, not removable from his office except by or with the consent of the State Government and consequently he is entitled to protection under Section 197, Cri. P.C. A complaint against him cannot, therefore, he taken cognizance of without the previous sanction of the State Government ILR (1954) 4 Raj 464 and ILR (1959) 9 Raj 38; Overruled; ILR (1959) 9 Raj 583; and 1961 (1) Cr LJ 558, Approved.(Para 17) Public servant has not been defined in the Criminal Procedure Code but it is provided in Section 4 that all words and expressions used in the Criminal Procedure Code and defined in the Indian Penal Code shall be deemed to have meanings respectively attributed to them by that Code. Consequently the words 'public servant' in Section 197, Cri. P.C. can be construed as including a Sarpanch who is deemed to be....