Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Cinematograph Act, 1952 (37 of 1952) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 197 – Ambit of – Uphaar Tragedy case – Closure report filed by the CBI against the appellant was rejected by the Magistrate,who instead took cognizance on the protest petition filed by the first respondent and issued summons against the appellant – Cognizance was taken for offences u/ss. 304A, 337, 338, IPC and u/s.14, Cinematograph Act r/w the Rules – Appellant filed petition u/s. 482, CrPC challenging the order issuing summons – Dismissed – On appeal, held: When considering the question of cognizance being taken in the absence of sanction and thereby s. 197 being flouted it is not to be conflated and thereby confused with the question as to whether an offence has been committed – The salutary purpose behind s. 197 is protection being accorded to public servants – The most important question which must be posed and answered by the Court when dealing with the argument that sanction is not forthcoming is whether the officer was acting in the exercise of his official duties – Even an officer who acts in the purported exercise of his official power is given the protection u/s. 197 – In the present case, having regard to the admitted facts, it cannot be said that the appellant was not acting in the discharge of his official functions – The subtle and nuanced distinction between the question as to whether the offence has been committed and if an offence has been committed, whether a sanction is required for prosecuting a public servant who is alleged to have committed the same, must not be lost sight of – Magistrate and the High Court overlooked this distinction – Magistrate erred in taking cognizance against the appellant contrary to the demands of s. 197 –Impugned order set aside –Proceedings challenged in s. 482 stand quashed – Penal Code, 1860 – ss. 304A, 337, 338 – Cinematograph Act, 1952 – s. 14. |
Judge | Hon'ble Mr. Justice Aravind Kumar Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2023 INSC 397 |
Petitioner | Amod Kumar Kanth |
Respondent | Association Of Victim Of Uphaar Tragedy And Anr. |
SCR | [2023] 6 S.C.R. 669 |
Judgement Date | 2023-04-20 |
Case Number | 1359 |
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