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IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. JUSTICE VIKAS MAHAJAN, J
Dhanpati @ Dhanwanti – Appellant
Versus
State & Anr. – Respondent
JUDGMENT :
VIKAS MAHAJAN, J.
1. The present petitions have been filed by the petitioner Dhanpati @ Dhanwanti under Section 482 Cr.P.C. against the impugned judgment dated 24.04.2017 passed by the learned Special Judge (PC Act) (CBI)-06, New Delhi District, Patiala House Court, New Delhi, whereby three separate Revisions Petitions filed by Sushil Kumar, Rajender Singh and Dr. Kiran Jakhar were allowed and the order of the learned Metropolitan Magistrate (‘MM’ for short), Patiala House Court dated 04.07.2016 summoning the accused persons was held to be unsustainable in law and accordingly set aside.
2. The facts in brief giving rise to the present petitions are that the petitioner/complainant namely Dhanpati @ Dhanwanti filed an application under Section 156(3) Cr.P.C. alleging that on 09.12.2024, she was wrongly restrained, molested and threatened by one O.P. Sharma (respondent no.3 in the application) and one unknown person (respondent no.4 in the application) at Patiala House Court, New Delhi. The complainant called the PCR and ASI Diwan Singh (respondent no.5 in the application) came to the spot, but he did not record her statement. The complainant submitted her typed complaint at P
Public servants cannot be prosecuted for actions taken in discharge of official duties without prior sanction, as established under Section 197 of the Criminal Procedure Code.
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 ....
The protection under Section 197 Cr.P.C. is not available to public servants who commit offenses that are not connected with the discharge of their official duties or who act in excess of their autho....
The main legal point established in the judgment is the requirement of sanction under Section 197 Cr.P.C. for public servants and the power to quash proceedings if ex facie bad for want of sanction, ....
Sanction under Section 197 Cr.P.C. is essential for prosecuting public servants; proceedings lacking it are invalid.
The main legal point established in the judgment is that the Special Court had the jurisdiction to take cognizance of the offences and summon the petitioner without a committal order by the Magistrat....
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 ....
At the stage of summoning, the Magistrate is not required to consider the defense version or evaluate the merits of the materials or evidence of the complainant.
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....
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