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1. By this order I shall dispose of an application moved by accused Yogi Raj U/s 197 Cr.P.C. praying for stay of the proceedings in the absence of sanction U/s 197 Cr.P.C. which according to him was mandatory.

2. Arguments were heard on the said application on 12-10-2009.

3. It is averred in the application that petitioner / accused joined the Government Service in the year 1976 and was transferred to the Office of the Registrar of Co-operative in the year 2000 as Asst. Registrar.

9. Before proceeding further let me now examine the law on the subject and find out if acts committed by the accused were Contd....

in discharging of his official duties and if protection U/s 197 Cr.P.C is available to the accused. The relevant law on the subject is as follows:-

In Raghunath Anant, 2008, Cr. L.J. 2054, the Apex Court concluded that it is no part of duty of a public servant while discharging his official duty to enter into a criminal conspiracy or indulge in criminal mis-conduct, application of sanction U/s 197 of Cr.P.C is, therefore, no bar for his prosecution. The court ruled that the contention of the respondent that for offences U/s 408 and 409 R/w Section 120 B of the Penal Code, sanction U/s 197 Cr.P.C of the code is a condition precedent for launching the prosecution is equally fallacious.

IN THE COURT OF SH. RAJNISH BHATNAGAR
                 SPECIAL JUDGE 01 CBI : ROHINI : DELHI



C.B.I.

Vs.

Narayan Diwakar Etc.                                   ......Accused
(Indian Oil Emp. C.G.H.S.)

ORDER

1. By this order I shall dispose of an application moved by accused Niranjan Singh U/s 197 Cr.P.C. praying for stay of the proceedings in the absence of sanction U/s 197 Cr.P.C. which according to him was mandatory.

2. Arguments were heard on the said application on 12-10-2009.

9. Before proceeding further let me now examine the law on the subject and find out if acts committed by the accused were in discharging of his official duties and if protection U/s 197 Contd....

Cr.P.C is available to the accused. The relevant law on the subject is as follows:-

In Raghunath Anant, 2008, Cr. L.J. 2054, the Apex Court concluded that it is no part of duty of a public servant while discharging his official duty to enter into a criminal conspiracy or indulge in criminal mis-conduct, application of sanction U/s 197 of Cr.P.C is, therefore, no bar for his prosecution. The court ruled that the contention of the respondent that for offences U/s 408 and 409 R/w Section 120 B of the Penal Code, sanction U/s 197 Cr.P.C of the code is a condition precedent for launching the prosecution is equally fallacious.