Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.197 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.197 – Sanction for prosecution – Case of complainant was that in a sale transaction, the purchaser fabricated the agreement with the intention to defraud her – This was allegedly done in collusion with the then executive officer of the municipality, junior engineer and the concerned clerk by enlarging the dimensions of the plot whch was sold to him with the intention to grab the land and house occupied by the complainant and her husband – Respondent no.2 was the concerned clerk during the relevant period though he was neither named in the FIR nor in the charge sheet – Respondent no.2 filed application u/s.197, however it was dismissed on the ground that he was liable to be prosecuted for having committed criminal offence of preparing forged lease – High Court, however, allowed s.482 application filed by respondent no.2 – On appeal, held: Superior officers, who had dealt with the file, were granted protection while the clerk, who did the paper work, i.e. Respondent No.2, was denied similar protection by the trial court even though the allegation was of really conspiring with his superior officers – Neither the State nor the complainant appealed against the protection granted u/s.197 qua these two other officers – A similar protection ought to have been granted to Respondent No.2 as was done in the case of the other two officials – High Court was, therefore, right in holding that sanction u/s.197 was required before triggering prosecution. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2021 INSC 356 |
Petitioner | Indra Devi |
Respondent | State Of Rajasthan & Anr. |
SCR | [2021] 8 S.C.R. 23 |
Judgement Date | 2021-07-23 |
Case Number | 593 |
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