RAKESH MOHAN PANDEY
Rashmi Dahire W/o Dr. K. K. Dahire – Appellant
Versus
Anil Kumar Khunte S/o Dhaniram Khunte – Respondent
ORDER :
1. The petitioner has challenged the order dated 06.08.2021 passed by the learned Sessions Judge, Janjgir Champa, C.G. in Criminal Revision No. 37/2020 whereby the order dated 20.11.2019 passed by the learned Judicial Magistrate First Class, Pamgarh, District Janjgir Champa, C.G. in Complaint Case No. 914/2019 has been affirmed and the revision preferred by the petitioner has been dismissed.
2. The facts giving rise to the present petition are that a complaint case under Section 200 of the CrP.C. alleging therein commission of offence punishable under Section 304-A of IPC was filed by the respondent No. 1 against the petitioner, who was posted as Doctor at Community Health Centre, Pamgarh inter-alia on the ground that on 05.12.2014, Smt. Sundariya Bai, Wife of Durgesh Ratnakar was brought to the Community Health Centre, Pamgarh, who was undergoing labour pain. After examining her, Sundariya Bai was hospitalized at about 4 PM by the petitioner on the same day, thereafter, the petitioner left for her home. At about 9 PM on the same day, Sundariya Bai felt extreme labour pain therefore, the petitioner was called by the family members of Sundariya Bai however she refused to atten
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Point of law: Question of sanction for prosecution under S.197, Cr.P.C can be raised and considered at any stage of the proceedings.
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.
Crucial importance is lack of sanction under Section 197 Cr.P.C. As per Section 197 Cr.P.C. it is mandatory for the court to obtain prior sanction from the Government for taking cognizance in respect....
The court emphasized that the necessity for prior sanction under Section 197 Cr.P.C. must be evaluated in the context of the trial, and allegations of misconduct by public servants do not automatical....
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.
The court emphasized that the requirement for sanction under Section 197 of Cr.P.C. is a matter to be determined at trial, and inherent powers under Section 482 cannot quash proceedings based solely ....
Protection under Section 197 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
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