MSEDCL employees challenged the issuance of process under Sections 323 and 506 IPC. The Bombay High Court ruled that they were public servants, requiring sanction under Section 197 of CrPC. The Judicial Magistrate's and Sessions Judge's orders were quashed for failing to obtain prior sanction.

1. Background of the Case:

   • MSEDCL employees were accused under Sections 323 and 506 of IPC in Criminal Case No.114 of 2008.
   • They contended that they were counter-sued after filing an FIR under Sections 353 and 504 IPC and Section 135 of the Electricity Act, 2003 against the complainant.

2. Petitioners' Argument:

   • The petitioners argued that, as public servants, a sanction under Section 197 CrPC was required before initiating proceedings against them.
   • Cited case laws Lalankumar Singh vs State of Maharashtra and State of Haryana vs Bhajanlal to support their position.
   • They pointed to the Maharashtra State Government’s notification confirming the vesting of MSEB’s assets and liabilities in the State, thus qualifying them as public servants.

3. Respondent's Argument:

   • The respondent argued that the petitioners were not public servants, as they were employees of a Board, not directly under the government.
   • Contended that the court had followed due process under Section 202 CrPC and concluded there was a case against the petitioners.

4. Legal Framework Discussed:

   • The court examined Sections 197 of CrPC, 21 of IPC, 169 of the Electricity Act, 2003, and relevant case laws to determine the petitioners' status as public servants and the necessity of obtaining sanction.

Ratio Decidendi:

• Section 197 CrPC provides immunity to public servants from prosecution without prior sanction if the act was done in the course of duty.
• The petitioners, as employees of MSEDCL, were deemed public servants under Section 169 of the Electricity Act, 2003. Since no sanction was obtained, the Magistrate’s process issuance was deemed unlawful.

Acts and Sections Discussed:

1. Indian Penal Code (IPC), 1860:

   • Section 21: Definition of Public Servant.
   • Sections 323, 506: Punishments for causing hurt and criminal intimidation.
   • Sections 353, 504: Offenses related to assault and provocation.

2. Criminal Procedure Code (CrPC), 1973:

   • Section 197: Protection of Public Servants from prosecution without sanction.
   • Section 202: Inquiry to ascertain whether there is sufficient ground for proceeding.
   • Section 204: Issuance of summons or warrant on taking cognizance.

3. Electricity Act, 2003:

   • Section 126: Powers of the assessing officer regarding electricity theft.
   • Section 135: Theft of electricity.
   • Section 169: Declaration of certain officers as public servants.

Subject:
MSEDCL Employees, Public Servants, Sanction under Section 197 CrPC, Electricity Theft, Cognizance