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N. NAGARESH
P. B. Prasobh, S/o. Balan – Appellant
Versus
K. A. Muhammed Faisal, S/o. Late Abdul Samad – Respondent
ORDER :
The petitioners, who are accused 1 to 4 and 5 in CC No.207/2001 on the files of the Judicial First Class Magistrate's Court, Mannarkkad, have filed this Crl.R.P. invoking Section 397 read with Section 401 Cr.P.C. challenging the chargesheet dated 13.06.2022 framed against the revision petitioners.
2. The allegation against the petitioners is that on 09.03.2001 at about 5 pm the 1st respondent was slapped and punched on different parts of the body by the 1st accused. Thereafter, other accused forcibly took the complainant to the police jeep. The 1st accused then kicked the complainant. The complainant was taken to police station and he was assaulted in the police station also. The accused have thereby committed offence under Sections 143, 147, 148, 341, 342, 355, 323 and 324 read with Section 149 IPC.
3. The petitioners state that Crime No.116/2001 was earlier registered under Sections 143, 147, 148 and 324 read with Section 149 IPC and under Section 3(1) of the PDPP Act against 25 persons for pelting stones on police driver PC.3960. For the attempt made by those persons to murder the 2nd petitioner, Crime No.117/2001 was registered.
4. The 1st petitioner took up the investigati
Sanction for prosecution of public servant – Any action undertaken by a public officer, even if in excess of authority vested in them or overstepping confines of their official duty, would nonetheles....
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.
Public servants are protected under Section 197 of the Cr.P.C. from prosecution for acts done in discharge of official duties, requiring prior sanction for prosecution even if the acts involve excess....
Prior sanction under Section 197 CrPC is necessary for prosecuting public servants for acts connected to their official duties, even if those acts exceed their official authority.
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 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
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.
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