The main legal point established in the judgment is that for certain offences committed by public servants, such as cheating, criminal breach of trust, and mis-appropriation/embezzlement, sanction for prosecution is not necessary under Section 197 of the Cr PC.

Suresh Kait, J.:-

Crl. M.A. No. 16016-17/2015 (for exemption)

Exemptions allowed, subject to all just exceptions.

Accordingly, the applications are allowed.

CRL.M.C. No. 4497/2015

1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner-in-person has assailed the orders dated 10.09.2015 passed by learned Additional Sessions Judge, Patiala House Courts, New Delhi in Criminal Revision No. 18/2015 whereby upheld the judgment dated 28.04.2015 passed by learned Metropolitan Magistrate, Patiala House Courts, New Delhi in Criminal Complaint Case No. 475/1/13 and declined to issue summons to respondents.

2. The petitioner submitted that both the aforesaid orders were passed on the ground that sanction under Section 197 Cr P C from the competent authority is not on the record. She submits that she applied for the said sanction on 10.02.2010, but till date there is no response from the competent authority.

3. Admittedly, the above noted criminal complaint case was filed on 07.09.2009 and the petitioner applied for permission/sanction on 10.02.2010, thus neither on the date of filing of above noted case nor till date the sanction under Section 197 of the Cr PC is on record.

4. As alleged in the complaint by petitioner that she was Class-I Officer in the Research and Analysis Wing (RAW) and was compulsory retired from service in view of the allegations made by her against two senior officers regarding her sexual harassment. It is alleged that in the year 2007 she was posted in RAW Headquarters, Delhi, as the then Joint Secretary and another senior officers tried to push her in sex racket being run in the office by some senior officers. The petitioner made complaint in this regard to the Prime Minister of India and thereafter, an enquiry committee was set up to enquire into the allegations of the petitioner. The respondents had prepared a false enquiry report knowingly and therefore, committed the offence punishable under Section 167 of the IPC. The respondents being the public servant were charged with the duty of preparation of the enquiry report; however they deliberately made a false report. The documents submitted by the petitioner were not considered and the report was prepared falsely and in connivance and collusion with two senior officers.

5. It is further stated in the complaint that the press note dated 19.08.2008 issued by the Press Information Bureau, Government of India, declaring the petitioner as a person of disturbed mind has been set aside by the Apex Court.

6. The petitioner examined herself as CW1 in pre-summoning evidence and thereafter closed the pre-summoning evidence.

7. For reference, Section 167 of the IPC is reproduced as under:-

“167. Public Servant framing an incorrect document with intent to cause injury –

Whoever, being a public servant, and being as [such public servant, charged with the preparation or translation of any document or electronic record, frames, Prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

8. The petitioner submitted before learned Trial Court and in this Court as well that there is no requirement of sanction in view of provision of Section 19 of the Central Civil Services (Conduct) Rules, 1964 and submitted that sanction is assumed to have been granted if not received within three months. Section 19 of the Central Civil Services (Conduct) Rules, 1964 reads as under:-

“19. Vindication of Acts and character of Government Servant:

(1) No Government servant shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an a