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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Padma Mothu – Appellant
Versus
Amita Majhi – Respondent
| Table of Content |
|---|
| 1. quashing of non-maintainable proceedings. (Para 1 , 2) |
| 2. court's analysis of legal principles. (Para 3 , 6) |
| 3. arguments on the requirement of sanction. (Para 4 , 5) |
| 4. implications of complaint timing and motive. (Para 7 , 8) |
| 5. final order quashing previous findings. (Para 9 , 10) |
JUDGMENT :
1. Instant petition under Section 482 Cr.P.C. is at the behest of the petitioner for quashing of the order dated 1st November, 2021 passed in 1CC Case No.02 of 2021 by the learned S.D.J.M., Gunupur and for having been summoned in connection therewith on the grounds inter alia that the same is not maintainable due to want of sanction under Section 197 Cr.P.C. as all of them were on duty at the relevant point of time.
3. Heard Mr. Mishra, learned counsel for the petitioners and Mr. Chand, learned counsel for the opposite party.
5. On the other hand, Mr. Chand, learned counsel for the opposite party submits that the nature of mischief committed by the petitioners as described in complaint do not fall within the domain of any official duty and for such misconduct, sanction under Section 197 Cr.P.C. is not necessary which has rightly been held by the learned court below referring to
Sanction under Section 197 Cr.P.C. is required before taking cognizance against public servants for acts performed in the course of official duty, necessitating a thorough inquiry into the nature of ....
Public servants cannot be prosecuted for acts done in official capacity without prior sanction under Section 197 Cr.P.C., and cognizance taken in such instances is void.
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.
Protection under Section 197 Cr.P.C. is not available for unlawful acts of public servants; only actions within official duty may require sanction.
The court emphasized that the requirement for sanction under Section 197 of Cr.P.C. is a matter to be determined at trial, and inherent powers under Section 482 cannot quash proceedings based solely ....
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