State Of M.P vs Sheetla Sahai & Ors on 4 August, 2009
28. When facts of the present case are examined, then it being a matter of evidence
as held by Hon'ble Supreme Court in the cases of Parveen Sultana & P.K. Pradhan
(supra) and the similar is the ratio of the law laid down by the Hon'ble Supreme Court
in the case of Ram Sagar Vs. Central Bureau of Investigation, 2025 LiveLaw (SC)
891, wherein it is held that the issue of sanction to prosecute under Section 197 of
Cr.P.C. depends on the nature of the evidence presented by the prosecution during
trial, and when that ratio is taken into consideration, then it is evident that under the
facts and circumstances of the case in Sheetla Sahai and others (supra), facts, being
different, judgment of Hon'ble Supreme Court in the case of Ram Sagar (supra) will
have application, therefore, it will be subject-matter of final adjudication as to whether
under the facts and circumstances, sanction under Section 197 of Cr.P.C. was required
or not.