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G. GIRISH
Sreenivasan Namboothiri – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Aggrieved by the observations of the Sessions Court, Kottayam in an anticipatory bail order that an employee of the Devaswom Board is not a public servant coming under the purview of Sections 332 and 353 I.P.C, the de facto complainant in Crime No.1211/2020 of Kanjirappally Police Station, who works as permanent Shanti (Priest) in a temple under the Travancore Devaswom Board, has filed this petition under Section 482 Cr.P.C to set aside the above conclusion of the Sessions Court and to expunge the findings in the above regard in the relevant paragraphs of the bail order. According to the petitioner, the investigating agency, getting misguided by the above findings of the learned Sessions Judge, dropped Sections 332 and 353 I.P.C which were initially slapped against respondents 2 and 3 herein who allegedly physically assaulted the petitioner inside the temple where he works, and prevented him from the discharge of his official duty.
2. The aforesaid observation was made by the learned Sessions Judge, Kottayam in the order dated 08.12.2020 in Crl.M.P. (Temporary) No.455/2020 in Crime No.1211/2020 of Kanjirappally Police Station while granting pre-arrest bail to respondents 2 an
The court clarified that employees of the Devaswom Board are public servants under IPC, and the investigating agency must base its decisions on evidence, not influenced by prior court observations.
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
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.
Employees of MSEDCL are considered public servants under the Electricity Act, necessitating sanction for prosecution under the Criminal Procedure Code.
The main legal point established in the judgment is that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Sect....
The petitioners are not classified as public servants under the Prevention of Corruption Act, as they did not receive governmental financial assistance.
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