Angad Dev Jhorad – Appellant
Versus
State – Respondent
ORDER :
1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. The revision petition has been preferred claiming the following reliefs:-
3. The complainant and the accused both are government doctors. The dispute is regarding the disbursement of pay.
4. Learned counsel for the petitioner submits that the learned Additional Chief Judicial Magistrate, Anupgarh in Criminal Case No.619/96 vide the impugned order dated 24.05.1997 whereby the respondent No.2 was convicted for the offence under Section 409 IPC and sentenced to undergo three years rigorous imprisonment undergo with a fine of Rs.5000/-, in default of which, he was to further undergo three months simple imprisonment. An
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....
(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 ....
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.
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.
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.
The main legal point established in the judgment is the need for a reasonable nexus between the alleged act and the discharge of official duty, and the limitations of the protection under Section 197....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.