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E. V. VENUGOPAL
V. SURESH – Appellant
Versus
STATE OF AP REP BY ITS PP HYD. – Respondent
ORDER:
E.V.Venugopal, J.
1. Aggrieved by the order dated 22.12.2012 passed in C.C.No.2 of 2012 on the file of the Court of the Chief Judicial Magistrate at Warangal wherein and whereby the Court below observed that prima facie case is made out against the petitioner for the offence punishable under Section 188 IPC and took cognizance thereof, the petitioner filed the present criminal revision case.
2. The facts in brief are that on 21.12.2012 at 5.00 pm, the S.I. of Police, Subedari P.S lodged a written complaint stating that on the same day while he was performing route bandobusth duty from Haritha hotel to DPO centre, in view of the visit of the Chief Minister of A.P, Hyderabad to Warangal, to inaugurate Kaktiya Utsavalu, and when they were on that duty, at 3.20 p.m, when the convoy reached Haritha hotel, in the meantime, Jorika Ramesh, Vasudeva Reddy, Dharshan Singh, Anil, Sanku Narsinga Rao, Yellavula Rajendra Yadav and some others who are the TRS party sympathisers have formed themselves into unlawful assembly with conspiracy and wrongfully restrained the convoy, hurled slogans and pelted stones on the bus in which the Chief Minister was travelling resulting breaking of wind scre
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.
Public servants are protected under Section 197 of the Cr.P.C. from prosecution for acts done in discharge of official duties, requiring prior sanction for prosecution even if the acts involve excess....
Point of law: Question of sanction for prosecution under S.197, Cr.P.C can be raised and considered at any stage of the 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.
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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