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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J.
V.T .Jinu – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Crl. Rev. Petition has been filed under Section 397 r/w 401 of the Code of Criminal Procedure (for short, “Cr.P.C.”) to quash Annexure - VII charge dated 11.08.2017 framed by the Special Court (Principal Sessions Court, Kottayam) under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC/ST PO Act’) in S.C.No. 321 of 2016, pending therein.
2. Heard the learned counsel for the 2nd petitioner/2nd accused, since the 1st petitioner/1st accused is no more. Also heard the learned Public Prosecutor. Perused the records produced along with the petition and also the Case Diary as such placed by the learned Public Prosecutor in detail.
3. In this matter, the prosecution alleges the commission of offences punishable under Sections 294(b), 465, 466, 474 r/w 34 of IPC as well as under Section 3(1)(x) of the SC/ST PO Act by the accused. The specific allegation is that, the accused herein who are aware of the caste identity of the de facto complainant as a member of the Scheduled Caste community, at about 05.00 p.m on 07.10.2013, used abusive words by calling her caste name with intention to humiliate her within public view. Fu
Sanction under Section 197 of Cr.P.C. is necessary for prosecuting public servants only when the alleged offences are committed in discharge of official duties.
The court ruled that actions not performed in discharge of official duties, including abusive conduct and forgery, do not require sanctions for prosecuting public servants under Section 197 of Cr.P.C....
Sanction for prosecution of public servant – Section 197 Cr.P.C. does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those ac....
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 is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Prior sanction for prosecution under Section 197 Cr.P.C. is required only for acts done by a public servant in discharge of his official duties.
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 ....
(1) Sanction for prosecution of public servant – The provision must not be abused by public servants to camouflage commission of a crime under supposed colour of public office – While deciding issue ....
A public servant requires prior sanction under Section 197 Cr.P.C. before being prosecuted for actions taken in the discharge of official duties, including issuing Caste Certificates.
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