facts and
circumstances of the present case, sanction, under Section 197 Cr. PC.,
was required, it is pertinent to note that sanction, under Section 197 ... persons mentioned in Section 197 Cr.P.C.
25. While considering the scope and ambit of Section 197 Cr. P. C, it
may be borne
Cr.PC and the one under Section 19
PC Act was explained in para (10):
"10. It may be noted that section 197 ... sanction under Section 197 of P.C.
Act. Even if we presume that there is no sanction under section 197
Cr.PC that does
complaint qua him for want of
statutory sanction under section 197 Cr.PC.
4. The complainant filed the reply (Annexure P4) to the application,
taking ... offences of cheating and forgery, so, no
sanction under section 197 Cr.PC is required. Thus, while denying the other
allegations, the complainant prayed
prosecution of which the sanction may be
necessary u/s 197 Cr PC and since accused no. 1 and 2
(Respondent ... performed by them and therefore in such
case, sanction u/s 197 Cr PC is not required. Though, the act
alleged against the respondents cannot
alongwith connected petitions) -16-
amended Act and Section 197 Cr.PC, so, the very initiation of criminal prosecution
against them ... prosecute them under Section 6
of the Amended Act and Section 197 Cr.PC was essential and in the absence of the
same, the criminal
supra), it was observed that "a valid sanction under Section 197 Cr.PC is a
condition precedent or pre-requisite for taking cognizance ... circumstances of
those particular cases, while interpreting the provisions of Section 197 Cr.PC and
Section 19 of the P.C.Act, it was held
with some amount of vehemence that as no sanction under section 197 Cr.PC was
obtained by the prosecution from the competent authority against petitioner ... next submission of learned counsel that since
no sanction under section 197 Cr.PC was obtained from the competent authority
against a public servant, before
while acting as a public servant, so, the sanction
under section 197 Cr.PC was mandatory before taking cognizance of the
complaint. The complainant ... petitioner. According to the complainant that no
sanction under section 197 Cr.PC is required and the Courts below have rightly
negatived the claim
prosecute them under Section 197 Cr.PC in particular, invoking the
provisions of Section 482 Cr.PC, .
6. During the course of preliminary hearing ... sanction from the competent authority to prosecute them under
Section 197 Cr.PC.
8. Above being the position on record, now the short and significant
prosecution sanction against each accused u/s 19 of PC Act/197 of Cr.P.C is indicated as below ... table.
Sl No
Name of the accused
19 PC Act
197 Cr.P.C
competent authority
1
Ms Mayawati
Not required (has ceased to hold
