In Brief
S.K. Miglani, a government servant, challenged the dismissal of his petition seeking to quash criminal proceedings under the IPC for alleged forgery and criminal breach of trust related to a DDA savings account. The Court held that as a government servant not removable without government sanction, he could not be prosecuted without proper sanction. The Court also found that the magistrate erred by making premature observations holding the appellant guilty of forgery before trial commenced, which amounted to prejudgment. The appeal was partly allowed.
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