officials arrayed
as respondents herein. Not only that sanction u/s 197 Cr. PC has not
been taken before filing the Criminal complaint against public ... impugned order is also
silent about issue of Sanction under Section 197 Cr. PC.
32. Therefore, I consider it in the interest of justice
Fakhrujamma (supra) relates to need of sanction of prosecution U/s
197 Cr. PC against a public servant, who could be removed from the
service ... duty and hence sanction for their
prosecution was necessary U/s 197 Cr.PC.
15. In Dr. Ravindra (Supra), an Additional Supdt. of police
relevant time and as such
sanction U/S 197 Cr. PC was required for his prosecution even after his
retirement, as argued ... those who had ceased to be a public servant, but Section 197 Cr. PC
requires sanction for those who were or are public servant
under Section 19 of Prevention of
Corruption Act or Section 197 of Cr.PC upon a public
servant laying down office would be irrational more ... create a embargo to exercise statutory powers under
Section 197 of Cr.PC or Section 19 of Prevention of
Corruption Act. Such a device would
misconduct. It is, thus, contended that want of sanction under Section
197 Cr.PC was no bar for their prosecution. In support of his
contention ... offence(s) under PC Act . Unlike Section 19 of PC Act, the
protection under Section 197 Cr.PC is available
appellant. Both of them filed an application for discharge under section
197 Cr.PC on the ground that sanction to prosecute was required and they ... official duty of the appellant,
as such the protection under section 197 Cr.PC from prosecution without
sanction of the competent authority, is available
petitioner that no prior sanction was obtained under Section 197 of Cr.PC., to prosecute the petitioner for the alleged offence under Section 120B ... that the issue of requirement of prior sanction under Section 197 of Cr.PC can be raised at any stage of the proceedings
State conceded before
the Apex Court that the sanction under Section 197 Cr. P.C was
required to prosecute the accused for the offence punishable ... virtue of his office, that therefore no
sanction under Section 197(1) was necessary, and
that the question was concluded by the decisions
in Hori
from prosecution by making it mandatory
under 197 Cr.P.C . and also section 19 of PC Act.
However, he chose to lead defence evidence ... sanction under section
197 Cr.P.C, which are as under:
(i)1. HHB Gill Vs. The King AIR 1948 PC 133
(ii)Amrik Singh
Court without looking into the provisions of Sections 190 , 192 , 195 , 197 Cr.PC erroneously dismissed the application. The trial Court failed to look into ... said circumstances, it is useful to refer Sections 193 , 195 , 197 and 201 Cr.PC, which are extracted hereunder :-
193. Cognizance of offences by Courts
