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S. G. MEHARE
Syed Naeemuddin S/o Syed Khaja – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. The petitioners/employees of the then MSEDCL had impugned the order of the learned Judicial Magistrate First Class issuing process against them for the offences punishable under Sections 323 and 506 of the Indian Penal Code in Criminal Case No.114 of 2008 dated 17.06.2008 and the order of the learned Additional Sessions Judge, Biloli passed in Criminal Revision No.17 of 2008 dated 08.09.2008 dismissing the revision.
2. The learned counsel for the petitioners submits that before the complaint was filed against the petitioners, an FIR was registered against the complainant for the offences punishable under Sections 353 and 504 of the Indian Penal Code and Section 135 of the Indian Electricity Act, 2003. However to counter that case, respondent no.2 had filed the false complaint against them. He submitted that the petitioners being public servants, the order issuing the process against them could not be passed unless the sanction is obtained as provided under Section 197 of the Criminal Procedure Code. No Court can take the cognizance against the public servants, who are the public servants defined under Section 21 of the Indian Penal Code or any other relevant provisions
Employees of MSEDCL are considered public servants under the Electricity Act, necessitating sanction for prosecution under the Criminal Procedure Code.
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
Public servants discharging duties are protected from prosecution under Section 168 of the Electricity Act, necessitating prior sanction under Section 197 Cr.P.C. for valid claims against them.
The necessity of prior sanction under Section 197 Cr.P.C. is affirmed for public servants when their alleged offences are connected to the discharge of their official duties.
Sanction for prosecution of public servant – Section 197 Cr.P.C. does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those ac....
The court clarified that employees of the Devaswom Board are public servants under IPC, and the investigating agency must base its decisions on evidence, not influenced by prior court observations.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
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