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NAND PRABHA SHUKLA
Sukarmpal Singh Tomar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ms. Nand Prabha Shukla, J.-Heard learned counsel for the petitioner, Sri Ratnesh Nandan Singh, learned A.G.A. for the State and perused the record.
2. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 19.8.2022 passed in Criminal Revision No. 71 of 2023 Dr. Sukarmpal Singh Tomar v. State of U.P. and another, passed by learned Additional District and Session Judge/Court No. 4, Baghpat arising out of order dated 22.2.2023 passed by learned ACJM, Baghpat in Criminal Case No. 2310 of 2022 in pursuance of First Information Report dated 3.5.2012 registered as Case Crime No. 112 of 2012 under Sections 406, 409, 420, 467, 468, 471 IPC, Police Station-Chhaprauli, District-Baghpat.
3. The matter in brief is that respondent No. 2 lodged an FIR dated 3.5.2012 registered as Case Crime No. 112 of 2012, under Sections 406, 409, 420, 467, 468, 471 IPC, Police Station-Chhaprauli, District-Baghpat alleging that the petitioner embezzled the school fund by withdrawing Rs. 80,000/- from the account of School and deposited the said amount in his personal bank account without any approval from t
The requirement of sanction under Section 197 Cr.P.C. for prosecuting a public servant can be raised at any stage of proceedings, including at the appellate stage.
Sanction under Section 197 Cr.P.C. is not required for prosecuting a retired public servant at the time the Court takes cognizance of the offence.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
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.
Sanction under Section 197 CrPC is mandatory for prosecuting public servants when the alleged acts are connected to their official duties.
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....
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