Bombay High Court
Ramkrishan
Versus
Rajendra
Decided On:

Headnote:Sections 197 and 482-Bombay Police Act, 1951, Section 161-Necesslty of prior sanction-Complainants alleging wrongful apprehending, assaulting by police officers-Section 161 Bombay Police Act requires filing of such case within six months, not justified for Issue of process without prior sanction by Government under 197, Cr PC.-There is no explanation in the complaint filed by the first respondent before the Magistrate for the delay in filing a complaint under Section 161 of the Bombay Police Act which fix a time limit i.e. maximum limit of six months for filing criminal complaints. In the absence of a convincing explanation for the delay in filing the complaint particularly a prosecution has already launched against the first respondent is a very relevant fact or which cannot be ignored in deciding this case. In these circumstances it was held that the objection raised by the petitioner in the present petition that the complaint filed against the petitioner cannot be proceeded without prior sanction under Section 197 of the Cr PC is sustainable.

       For Citation 1997 Bom Cr (Cri) 461