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MRIDUL KUMAR KALITA
Millo Lalyang S/o Lt. Millo Tana – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
1. Heard Mr. D. Laji, the learned counsel for the petitioner. Also heard Mr. T. Ete, the learned Additional Public Prosecutor for the State of Arunachal Pradesh and Mr. M. K. Singh, the learned counsel for the private respondent.
2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Millo Lalyang, praying for quashing of the CR Case No. 08/2020 under Section 330 of the Indian Penal Code, which was registered against the petitioner on the basis of an order dated 09.11.2020 passed in G. R. Case No. 54/2020 passed by learned Judicial Magistrate, 1st Class, Hawai, Anjaw, Arunachal Pradesh.
3. The facts relevant for consideration of the instant criminal petition, in brief, are as follow: -
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....
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 ....
The main legal point established in the judgment is the necessity of sanction for prosecution as envisaged by Section 197(2) of the Code of Criminal Procedure, 1973, and the determination that the co....
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 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 ....
Public servants are entitled to protection under Section 197 of the Cr.P.C. when acting in the discharge of their official duties, and allegations against them must demonstrate a reasonable connectio....
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....
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