Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of criminal Procedure Protection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of criminal Procedure, 1973 - s. 197 - Protection under - Availability of - Intimidation by police official - In the course of investigation - Complaint against - Cognizance of, taken by Magistrate - High Court quashing the proceedings holding that prior sanction u/s. 197 requir:ed before initiation of criminal proceedings, since the offence committed during discharge of official duties - On appeal, held: Protection uls. 197 is not available if the public servant misuses or exceeds its authority- On facts, acts done by the public servant cannot be said to be part of official duty - Hence, protection not available - Penal Code, 1860 - ss. 3841506. Appellant filed a complaint before Judicial Magistrate alleging that respondent No. 2 (a Deputy Superintendent of Police) during investigation of a criminal case lodged at the instance of her husband, threatened her husband asking him to withdraw the complaint. The Magistrate took cognizance of the matter and issued summons u/s. 3841506 IPC. Respondent· No. 2 moved High Court seeking quashing of the cognizance and issue of process. High Court quashed· the proceedings on the ground that the Magistrate could not have taken cognizance without prior sanction u/s. 197 Cr.P.C. as the alleged offence was committed in the course of discharge of his official duty. Hence the present appeal. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 10 |
Petitioner | Choudhury Parveen Sultana |
Respondent | State Of West Bengal And Anr. |
SCR | [2009] 1 S.C.R. 99 |
Judgement Date | 2009-01-07 |
Case Number | 8 |
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