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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MANOJ KUMAR GARG
Rakesh Mandola S/o Sh. Narayan Prasad Inspector – Appellant
Versus
State Of Rajasthan – Respondent
Order :
MANOJ KUMAR GARG, J.
1.Instant criminal revision petition has been filed under Section 397 /401 Cr.P.C against the order dated 23.11.2016 passed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan in Sessions Case No. 182/2012 whereby, the learned Judge ordered to frame charges against the petitioners for offences under Sections 323, 325, 330, 331 IPC.
2. Brief facts of the case are that a written report was filed by the complainant Rameshwar Lal Soni stating therein that on 18.05.1988 when he was on leave, his residential house was raided by customs officers, however, they could not find any objectionable material. Thereafter, on 03.06.1988, he was apprehended by Inspector Dhakar and Mr. Mandola of Customs Department and taken to customs office where they inflicted injuries and threatened him.
3. On this report, the police registered a case and started investigation. After due investigation, the police filed negative Final report in the case. The complainant filed a protest petition in which the statement of complainant and witnesses were recorded under Section 200 and 202 Cr.P.C. and the trial court took cognizance against the accused petitioners. The petition
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....
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.
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....
Section 197 of the CrPC creates an absolute bar in case of prosecution of a public servant unless a sanction has been accorded by the appropriate government.
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.
Acts of a public servant must have a reasonable connection to official duties to qualify for protection under Section 197 of the Cr.P.C.
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