Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | public servant Sanction under s.197 Cr. P. C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Procedure Code, 1973-s.197-Applicable only when public servant not removable from office save by or with sanction of Government-Officer of nationalised bank-Though 'public servant' sanction not necessary. Indian Penal Code, 1860-ss.120(b), 467 & 471-0fficer of nationalised bank-Prosecution for offences-Sanction under s.197 Crl. P. C.-Whether necessary. On a complaint being filed under s. 120(b) read with ss.467 and 471 of the Indian Penal Code, the Metropolitan Magistrate summoned the appellant and thereafter rejected his objection about the maintainability of his prosecution for want of sanction under s. 197 of the Criminal Procedure Code, holding that s.197 does not apply because the appellant is an officer who is removable from his office by a competent authority and no sanction of the Government is necessary. This view was affirmed by the High Court. In the appeal to this Court, on behalf of the appellant it was contended: (i) that after the nationalisation of the Department of the appellant he will fall within the definition of public servant and, therefore, s. 197 will be attracted and (ii) that although the competent authority who can remove the appellant from service is not the Government, but it has been empowered under the regulations framed under the Act of Parliament with the approval and sanction of the Central Government and, therefore, the view taken by the Courts below is not correct. |
Judge | Hon'ble Mr. Justice G.L. Oza |
Neutral Citation | 1987 INSC 40 |
Petitioner | K. Ch. Prasad |
Respondent | Smt. J.vanalatha Devi And Ors. |
SCR | [1987] 2 S.C.R. 216 |
Judgement Date | 1987-02-10 |
Case Number | 829 |
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