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NC: 2023:KHC:43558 CRL.P No. 977 of 2015 AND CONNECTED MATTERS Section 5 read with Section 16 of the Cable Television Networks (Regulation) Act, 1995, arising from the very same incidents which occurred on 02-03-2012, was quashed for want of previous sanction under Section 196 of the Criminal procedure Code (which is in pari-materia with Section 197 Cr.P.C) and for non-compliance with Section 18 of the Cable Television Networks (Regulation) Act, 1995. The counsel for the C.B.I. did not dispute the fact that the mandatory requirements of Section 18 of the Cable Television Networks (Regulation) Act, 1995 as well as the requirements of Section 196 Cr.P.C. have not been complied with. This Hon'ble Court may be pleased to quash the present charge sheet for the same reasons. It is the further submission that the fair submission made by the counsel for the C.B.I. is also made in the present cases. Without prejudice to the above, the following submissions are made.

15. After examining the submissions made by the learned counsel for the parties, the main issue involved in these petitions revolves around determining whether the action of the petitioners, who are the police personnel were carried out within the scope of the duties or if they exceeded their duties, influencing their eligibility to seek protection under Section 197 Cr.PC and Section 170 of Police Protection Act.

16. Before delving into the matter at hand, it is pertinent to cite Section 197 of Cr.PC and Section 170 Karnataka Police Act and extract the legal principle associated with the said provisions.

21. Principles Regarding Section 197 Cr.PC summarised by the Hon'ble Supreme Court.

(2016) 12 SCC 87, Devinder Singh v. State of Punjab, Para - 39.

The principles emerging from the aforesaid decisions are summarised hereunder:

* Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability to further public duty. However, authority cannot be camouflaged to commit crime.

* Once an act or omission has been found to have been committed by a public servant in discharging his duty it must be given liberal and wide construction so far its official nature is concerned. Public servants are not entitled to indulge in criminal activities. To that extent Section 197 CrPC has to be construed narrowly and in a restricted manner.

* Even in cases when a public servant has exceeded in his duty, if there is reasonable connection it will not deprive him of protection under Section 197 CrPC. There cannot be a universal rule to determine whether there is a reasonable nexus between the act done and official duty nor is it possible to lay down such rule.

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NC: 2023:KHC:43558 CRL.P No. 977 of 2015 AND CONNECTED MATTERS * In case the assault made is intrinsically connected with or related to performance of official duties, sanction would be necessary under Section 197 CrPC, but such relation to duty should not be a pretended or fanciful claim. The offence must be directly and reasonably connected with official duty to require sanction. It is not part of official duty to commit an offence. In case offence was incomplete without proving, the official act, ordinarily the provisions of Section 197 CrPC would apply.