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V.GOPALA GOWDA, AMITAVA ROY
N. K. GANGULY – Appellant
Versus
CBI NEW DELHI – Respondent
Key Points: - The judgment considers whether prior sanction under Section 197 CrPC is required before taking cognizance for offences allegedly committed in discharge of official duty. (!) (!) (!) - It discusses the legality and validity of cognizance taken without such sanction and quashing proceedings if sanction is mandatory and absent. (!) (!) (!) - It analyzes the scope of Section 197(1) CrPC, the concept of official duty, and how the act must relate to official functions to attract sanction protection. (!) (!) (!) (!)
Judgment
V. Gopala Gowda, J.
Delay condoned. Leave granted in Special Leave Petition (Crl) ……… Crl. M.P. No. 9612 of 2015.
2. These appeals arise out of the common judgment and order dated 27.05.2013 passed in Application Nos. 480 of 2013, 41206, 40718, 41006 and 41187 of 2012 and judgment and order by the High Court of Judicature at Allahabad dated and order 07.10.2014 passed in Application No. 277KH of 2014 in Special Case No. 18 of 2012 by the learned Special Judge, whereby the High Court dismissed the applications filed by the appellants herein under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the CrPC”) to quash the criminal proceedings of Special Case No. 18 of 2012 as well as the summoning order dated 08.11.2012 passed by the learned Special Judge, Anti Corruption, CBI, Ghaziabad. All the appeals are being disposed of by this common judgment.
3. As the facts in all the appeals are common, for the sake of convenience, we refer to the facts of Criminal Appeal No. 798 of 2015, in this judgment which are briefly stated hereunder:
4. The Indian Council of Medical Research (hereinafter referred to as “ICMR”), a registered society under the Societies
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