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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 — s. 197 —Sanction before prosecution of public servant — u/ss. 409/467/468/471 of Penal Code — Conviction by trial court as well as appellate court — In revision, High Court held the trial vitiated on account of non-obtaining of sanction u/s.197 — On appeal, held: In order to invoke s.197, there has to be a reasonable connection between the omission or commission and the discharge of official duty ~ In the facts of the case, the alleged criminal breach of trust cannot be said to have been committed while in public service — No official can put forth a claim that breach of trust is connected with his official duty — Hence, in the present case sanction u/s. 197 was not necessary.Allowing the appeal, the CourtHELD: 1. No sanction is needed to launch the prosecution. for the offence punishable under Section 409 IPC. There has to be reasonable connection between the omission or commission and the discharge of official duty or the act committed was under the colour of the office held by the official. If the acts omission or commission is totally alien to the discharge of the official duty, question of invoking Section 197 CrPC does not arise. [Para 22] [552-A-B] :Matajog Dube v. H.C. Bahri ATR 1956 SC 44 ; 1955 SCR 925 — followed. Om Prakash Gupta v. State of U.P. AIR 1957 SC 458 : 1957 SCR 423; P Arulswami v. State of Madras AIR 1967 SC 776 : 1967 SCR 201 — relied on. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 460 |
Petitioner | Punjab State Warehousing Corp. |
Respondent | Bhushan Chander & Anr. |
SCR | [2016] 4 S.C.R. 537 |
Judgement Date | 2016-06-29 |
Case Number | 159 |
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