Sikkim Court June 2009 Judgments

State of Sikkim Vs. Norbu Wangdi Bhutia

Court: Sikkim

Reported in: 2009CriLJ3259

Aftab H. Saikia, C.J.1. This Criminal Revision Petition witnesses a challenge basically to the order dated 12-7-2007 passed by the learned Sessions Judge, South Sikkim at Namchi in Criminal Revision No. 6 of 2006.2. The facts necessary for resolution of the point involved herein may be noticed in brief. On the basis of certain allegations of misappropriation in deposition of electricity charge payment with the State Bank of Sikkim, Ravongla collected by the Respondent, the State of Sikkim (for Short, 'the State') initiated a criminal proceeding against the Respondent under Sections 409/420/477-A and the Respondent, being a public servant, it was necessary at that moment to obtain sanction under Section 197 of Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr. P. C.').3. Accordingly, the charge-sheet was filed against the Respondent on 27-9-2006 accompanied by the sanction order dated 26-7-2006 (for short, 'the initial order').4. The initial order may be reproduced as...