Mr. Dutta relying on the decision in case of Raghunath Anant Govilkar Vs. State of
Maharashtra (2009) 1 Supreme Court Cases (Cri) 130, has submitted that sanction for
prosecution as required under Section 197(1) of the Code of Criminal Procedure in respect to
retired Government servant is applicable if the offence was relatable to official duty but the
alleged offence committed by the petitioner does not fall within the ambit of Section 197 Cr.P.C.
hence, question of sanction does not arise.