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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V. VENUGOPAL
Thota Nagaraju – Appellant
Versus
State of Telangana – Respondent
ORDER :
1 This criminal revision case is filed challenging the Order dated 18.7.2023 passed in Crl.R.P.No.1 of 2023 by the learned Sessions Judge, Khammam, wherein and whereby the learned Sessions Judge set aside the Order dated 30.11.2022 passed in Crl.M.P.No.766 of 2022 in C.C.No.2650 of 2022 by the learned II Additional Judicial Magistrate of First Class, Khammam, discharging the revision petitioner / A.42 from the proceedings in C.C.No.2650, for the offence punishable under Section 166 IPC.
2 Heard Sri C.Sharan Reddy, learned counsel for the petitioner, Ms.Madhavi, learned Assistant Public Prosecutor representing the State-1st respondent and Sri Mummaneni Srinivasa Rao, learned counsel for the second respondent and perused the record.
3 Succinctly the factual matrix is that the petitioner herein was arrayed as accused No.42 in C.C.No.2650 of 2022 on the file of the Court of the II Additional Judicial Magistrate of I Class, Khammam, registered for the offences punishable under Section 166 IPC, on the complaint lodged by the second respondent herein. The second respondent filed a private complaint against the petitioner / A.42 along with 41 accused for the offences punishable unde
Sanction under Section 197 Cr.P.C. is required only when the alleged acts of a public servant are directly connected to and arise from their official duties.
The protection under Section 197 Cr.P.C. is not available to public servants who commit offenses that are not connected with the discharge of their official duties or who act in excess of their autho....
Prior sanction for prosecution under Section 197 Cr.P.C. is required only for acts done by a public servant in discharge of his official duties.
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.
Point of Law : Criminal Conspiracy and Cheating - prosecution was also fully aware of need for getting sanction. Still petitioners are being proceeded against without sanction, for reason that they h....
Discharge of accused in criminal proceedings cannot be granted prematurely when prima-facie evidence necessitates a full trial.
Section 197 of the CrPC creates an absolute bar in case of prosecution of a public servant unless a sanction has been accorded by the appropriate government.
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
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....
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