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THE HIGH COURT OF ORISSA AT CUTTACK
SIBO SANKAR MISHRA
Baladev Rath – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
S.S. Mishra, J.
The petitioner has invoked the inherent jurisdiction of this Court questioning the order dated 22.02.2024 passed by the learned J.M.F.C., Boden in C.T. Case No.180 of 2019, whereby the learned Court below has taken cognizance of the offence punishable under Section 409 of I.P.C. against the petitioner.
2. An F.I.R. was registered against the petitioner on 10.08.2019 inter alia alleging that the petitioner while working as a District Child Protection Officer at Nuapada has misappropriated government funds under Biju Sishu Surakhya Yojana (BSSY) by selecting fake beneficiary like one Siba Prasad Behera., who is neither an orphan nor affected/infected by HIV/AIDS, hence, intentionally violated BSSY guidelines. The F.I.R. was registered by one Gopal Chandra Das claiming himself to be a social worker. The Investigating Agency picked up the investigation, however, took more than five years to complete the investigation and eventually filed the charge-sheet on 15.02.2024. Subsequently, vide order dated 22.02.2024, the learned J.M.F.C., Boden has taken cognizance of the offence under Section 409 of I.P.C. against the petitioner. The petitioner is aggrieved by the c
Sanction under Section 197 CrPC is mandatory for prosecuting public servants when the alleged acts are connected to their official duties.
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.
The main legal point established in the judgment is that the act of misappropriation can be considered part of official duty, requiring prior sanction for prosecution under Section 197 of Cr.P.C.
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....
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....
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.
The judgment established the principle that a public servant requires sanction to prosecute for acts related to official duties, and emphasized the limited authority of the petitioner in executing de....
Section 197 of Cr.P.C. does not envisage concept of deemed sanction – Test to decide whether sanction is necessary in a particular case is, whether, act is totally unconnected with official duty or w....
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