Prevention of Corruption Act, 1988–Sec. 19–Code of Criminal Procedure, 1973–Sec. 197 [Corresponding Sec. 218 of BNSS, 2023]–Penal Code, 1860–Secs. 409 & 467 [Corresponding Secs. 316(5) & 338 of BNS, 2023]–Rajasthan Panchayati Raj Act, 1994–Sec. 108–Petitioner no. 1 was working as the Sarpanch at the relevant time–Acts of misappropriation of public funds by forging the documents, verifying, and obtaining money were alleged to be committed by him while discharging the official duties–Therefore, provisions of Sec. 19 of P.C. Act and the Secs. 197(1) Cr.P.C. were attracted and the previous sanction of State Government was necessary–It is not the case of State that the sanction was sought or obtained before the charge-sheet was filed–Trial Court committed error in framing the charge qua petitioner no. 1–Impugned order is liable to be quashed and set aside qua petitioner no. 1.
