Document Fragment View
Fragment Information
Showing contexts for: section 197 crpc in S. K. Miglani vs State Nct Of Delhi on 30 April, 2019Matching Fragments
Handwriting opinion was also obtained with regard to signatures on account opening form of Gautam Dhar with the signature of the appellant.
2.3 An application dated 09.05.2012 was filed by the appellant before the ACMM, Saket Court, New Delhi in FIR No.432 of 2000 stating that appellant is a public servant employed with a nationalized bank as a Manager and it is mandatory to seek prosecution sanction against the appellant in terms of Section 197 Cr.P.C. It was stated that prosecution has not sought prosecution sanction against the appellant-accused, hence he may be discharged on account of non-compliance of Section 197 Cr.P.C. The Chief Metropolitan Magistrate (South), Saket Court passed an order on 03.12.2004 rejecting the application of the appellant seeking discharge for want of sanction. Case was fixed for framing of charge on 13.12.2014. On 13.12.2014, charge was framed against the appellant under Section 465/120-B I.P.C. following charge was framed against the appellant on 13.12.2014:-
Otherwise also, when accused pleads sanction in bar, the onus is on him to prove its necessity, but the accused has not satisfied this Court that Section 197 Cr.P.C applies in this case because at the relevant time he was public servant not removable from his office saved by or with the sanction of the Government.”
8. One of the reasons given by CMM is that accused has not satisfied the Court that Section 197 Cr.P.C. applies in this case because at the relevant time, he was public servant not removable from his office saved by or with the sanction of the Government. Section 197 Cr.P.C. provides:-
10. The question as to whether a manager of nationalized bank can claim benefit of Section 197 Cr.P.C. is not res integra. This Court in K.CH. Prasad Vs. Smt. J. Vanalatha Devi and Others, (1987) 2 SCC 52 had occasion to consider the same very question in reference to one, who claimed to be a public servant working in a nationalized bank. The application filed by appellant in above case questioning the maintainability of the prosecution for want of sanction under Section 197 Cr.P.C. was rejected by Metropolitan Magistrate and revision to the High Court also met the same fate. This Court while dismissing the appeal held that even though a person working in a nationalized bank is a public servant still provisions of Section 197 are not attracted at all. In paragraph No.6 of the judgment, following has been held:-
11. The High Court in its impugned judgment has not adverted to the above aspect and has only confined to the discussion as to whether acts alleged of the appellant were in discharge of official duty. High Court also had relied on judgment of this Court in Parkash Singh Badal (supra). We having come to the conclusion that appellant being not a public servant removable from his office saved by or with the sanction of the Government, sanction under Section 197 Cr.P.C. was not applicable. The appellant cannot claim protection under Section 197 Cr.P.C. We are of the view that examination of further question as to whether appellant was acting or purporting to act in the discharge of his official duty was not required to be gone into, when he did not fulfill conditions for applicability of Section 197(1) Cr.P.C.