IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Indrakhi Prasad Dash – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of the petition and grievance. (Para 3) |
| 2. petitioner argues against necessity of sanction. (Para 4) |
| 3. opposite parties argue in favor of the impugned order. (Para 5 , 6) |
| 4. judicial precedents on protective measures for public servants. (Para 7) |
| 5. further judicial insights on public servants' responsibilities. (Para 8) |
| 6. criteria for determining official duty nexus. (Para 10) |
| 7. court's view on the need for sanction. (Para 11) |
| 8. dismissal of the petition by the court. (Para 12) |
JUDGMENT :
1. Heard learned counsels for both the parties.
3. The background facts of the case are that the Petitioner, being the Complainant, initiated a complaint case before the learned S.D.J.M., Rayagada, registered as I.C.C. No.04 of 2018 against Opposite Party Nos.2 and 3. It was alleged that the Petitioner, acting as attorney on behalf of his client, visited the Office of the Tahasildar between 11.30 a.m. and 12.00 noon to ascertain the progress in Mutation Case No.0185 of 2017. According to the Petitioner, though he had filed his Vakalatnama in the said case, upon verification he discovered that the same was not available in the case record. When the grievance was brought to
The necessity of prior sanction under Section 197 Cr.P.C. is affirmed for public servants when their alleged offences are connected to the discharge of their official duties.
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.
Prior sanction under Section 197 Cr.P.C. is mandatory before prosecuting public servants for actions taken in discharge of official duties.
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
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....
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....
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....
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.