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Dr.J.Amala Devi vs J.Selva Rani on 27 September, 2019

20.In the above decision, the Hon'ble Apex Court dealt with in respect of the procedure contemplated under Section 197 of Cr.P.C with regard to obtain sanction to prosecute as against the Government Officials. However, the above said case is no way connected with the present case, since no points have been raised under Section 197 Cr.P.C., since the petitioner is already retired from service.

Gaya Prasad Pal vs State Of U.P. And Another on 28 August, 2019

No. 21 of 2000, Devendra Prasad Singh vs State of Bihar and another, delivered on 02/04/2019 in which it was held that the rigour of section 197 of the Cr. P.C. would be attracted only when the alleged offence against a Government servant had some nexus or relation with the discharge of his official duties. Citing those rulings, the learned counsel for the opposite party no. 2 mainly argued that in the matter of co-accused Durgesh Tripathi the quashing of summoning order was done only on account of non-fulfilment of the mandatory provision of Section 197 Cr. P.C. which mandated that prior approval and sanction from the Government was required in case the prosecution of a public servant, but the said order was erroneously passed against the law cited above as there was no nexus of the offence alleged to have been committed by the said Government servant with the discharge of his official duties as a Government servant.
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