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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Abhay Narayan Singh Son of Shri Satya Narayan Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. background of the case and allegations (Para 2 , 3) |
| 2. petitioner's arguments against complaint validity (Para 4 , 5 , 6 , 8 , 10) |
| 3. legal framework for mandatory sanction under section 197 (Para 7 , 12 , 13) |
| 4. court's analysis on section 197 protection for public servant (Para 14 , 15 , 16) |
| 5. conclusion and order to quash the order (Para 17 , 18 , 19) |
JUDGMENT : CHANDRA SHEKHAR JHA, J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present quashing petition has been preferred to quash the order dated 06.04.2024 passed in Complaint Case No. 2531 (C) of 2008, where learned Sub- Divisional Judicial Magistrate, Patna, rejected the application seeking discharge under Section 245 of the Criminal Procedure Code (in short, Cr.P.C.), where cognizance was taken for the offences punishable under Sections 341, 323, 504 and 506/34 of the Indian Penal Code.
3. The prosecution story In short, as per the allegations against this petitioner in the complaint case, the complainant has alleged that inter alia, that the accused persons came to her residence when her husband was not available, and this petitioner called the complainant from her ho
Prior sanction under Section 197 Cr.P.C. is mandatory to prosecute public servants for actions within their official duties, protecting them from vexatious allegations.
The requirement of prior sanction under Section 197 of the CrPC is crucial for prosecuting public servants for acts done in the discharge of their official duties, to protect them from malicious and ....
Sanction under Section 197 of the Cr.P.C. is mandatory for prosecuting public servants for actions taken while performing official duties, preventing misuse of legal proceedings.
Police actions in raiding history-sheeter's house for arrest in cognizable case have reasonable nexus to official duties, requiring prior sanction under Section 197 CrPC for prosecution of protected ....
Police actions in raiding history-sheeter's house for arrest, including restraint of son, have reasonable nexus to official duties, attracting Section 197 CrPC protection requiring prior sanction for....
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
Protection under Section 197 Cr.PC is essential for public servants to prevent frivolous prosecutions arising from actions taken in the course of official duties.
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