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SUBHASH VIDYARTHI
State of U. P. – Appellant
Versus
Chief Judicial Magistrate Barabanki – Respondent
JUDGMENT :
1. Heard Sri Vinod Kumar Shahi, the learned Additional Advocate General assisted by Sri Anurag Verma, the learned A.G.A.-I appearing on behalf of the State - Revisionist, Sri Krishna Gopal, the learned Counsel for the opposite party no.2 and perused the records.
2. By means of the instant revision filed under Section 397/401 Cr.P.C. the State has challenged the validity of an order dated 17.02.2021, passed by learned Chief Judicial Magistrate, Barabanki (hereinafter referred to as ‘the C.J.M.’) in Case No.717 of 2021 - Ram Pratap Versus Anup Kumar Singh and others, whereby while deciding a protest application filed by the opposite party no.2 against a final report submitted by the Investigating Officer the learned trial court has not only accepted the protest application and rejected the final report and taken cognizance of offences under Sections 323, 504, 500 and 166 I.P.C. allegedly committed by the persons named in the F.I.R., but at the same time has taken cognizance of offence under Section 120-B I.P.C. against Megha Roopam - the then Chief Development Officer (hereinafter referred to as ‘the C.D.O.’), Sri. Arvind Chaturvedi – the then Superintendent of Police (herei
The sanction contemplated in Section 197 of the Code concerns a public servant who is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge 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....
The main legal point established in the judgment is that public servants, when allegedly committing an offence in discharge of their official duties, require prior sanction for prosecution under Sect....
Section 197 Cr.P.C. does not apply to offences not connected with the discharge of official duties.
The judgment establishes the principle that criminal proceedings can be quashed if they constitute an abuse of the legal process and if there is a lack of evidence to support the allegations.
The requirement of prior sanction under Section 197 of the CrPC is crucial for prosecuting public servants for acts done in the discharge of their official duties, to protect them from malicious and ....
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