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ANIL KUMAR CHOUDHARY
Shivendra Kumar S/o Late R. P. S. Sudhakar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. Both the criminal miscellaneous petition No. 650 of 2021 and Criminal Revision no. 1228 of 2019 have arisen out of the same cases, hence, both the cases are disposed of by this common judgment.
3. The brief facts of the case is that PCR case no. 973 of 2007 has been filed by the complainant Binod Shanker Jha alleging therein that on 02.12.2007, at about 8.00 PM, the petitioner ordered the co-accused Diwakar Prasad Singh, to open the lock of the house and to take forcible possession thereof. The complainant along with the witnesses of the complaint, opposed the breaking open of the lock of the house, by the petitioner, but the petitioner assaulted the complainant with fists and slaps. The co-accused committed the theft of the stove and took away the troch. The witness Puran Singh, raised hue and cry whereupon the witnesses came to the place of occurrence. The complainant went to Deoghar police station but his FIR was not registered and the police did take any action, hence, he filed the complaint. The cognizance has been taken by learned JMFC, Deoghar, involving the offences punishable under Sections, 323, 448, 379, 34 of IPC.
The court ruled that a public servant's alleged criminal acts must be connected to official duties to require sanction for prosecution under Section 197 of the 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.
Point of Law : Alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabr....
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....
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....
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.
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