A.S.ANAND, S.B.MAJMUDAR
State Through Central Bureau Of Investigation – Appellant
Versus
B. L. Verma – Respondent
Based on the provided judgment, if a court's cognizance is taken without the necessary sanction under Section 197 of the Criminal Procedure Code (CrPC), the cognizance would be considered invalid (!) . The court has emphasized that the absence of such sanction makes it impermissible for the court to proceed with the case, as the law explicitly mandates prior sanction for prosecuting public servants in relation to acts done in the course of their official duties (!) .
Furthermore, the court clarified that proceedings initiated without the required sanction should be dropped, and the order to do so is valid and proper in such circumstances (!) . The court also indicated that if the necessary sanction is subsequently granted by the competent authority, the prosecution can be reactivated, and prior orders dismissing the proceedings would not prevent the initiation of proceedings after obtaining the proper sanction (!) .
In summary, if a court has taken cognizance of an offence against a public servant without the requisite sanction, such cognizance is invalid, and the court can lawfully drop the proceedings on that basis. The proceedings can be revived if and when the proper sanction is obtained later (!) (!) .
ORDER
1. The respondent, Shri B. L. Verma was at the relevant time, serving as Director (Enforcement) with the Government of India. A case was registered against Mr. Chandraswamy and others for commission of offences punishable under Section 120-B read with Sections 195, 469, 471 and Section 500 IPC. The charge-sheet in the case, known as St. Kitts case, was filed by the CBI before the Chief Metropolitan Magistrate, Delhi on 26-9-1996. The court took cognizance of the offence against the respondent and others and issued non-bailable warrants. Subsequently, it appears that the court partly modified the order of taking cognizance and deleted Section 500 IPC insofar as the respondent is concerned and issued fresh non-bailable warrants on 5-10-1996.
2. The respondent had approached this Court, on refusal of grant of anticipatory bail and on 13-10-1996, this Court, while passing orders in special leave petitions SLPs (Crl.) Nos. 3278 and 3276 of 1996] filed by the respondent, directed that till the question of sanction was decided by the High Court, where a criminal writ petition challenging the taking of cognizance had been filed by the respondent, the proceedings in the trial court sh
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