No prior sanction is required for prosecuting public servants under Section 509 IPC and Section 3 of the Atrocities Act, allowing investigations to proceed.

RESERVED ON : 06.05.2024 PRONOUNCED ON: 11.06.2024 JUDGMENT (MANGESH S. PATIL, J.) :

Heard. Rule. Rule is made returnable forthwith. Learned APP and the learned advocates for the respective respondents waive service. At the joint request of the parties, the matter is heard finally at the stage of admission.

2. Shorn of the verbiage, the circumstances leading to the filing of this writ petition are to the effect that the petitioner has been serving as a Medical Officer Class – I and on the date of petition was posted in the office of Health and Family Welfare and Training Centre, Aurangabad. Respondent No.9 is the superior officer, whereas, respondent No.7 was her colleague and respondent No.8 was also serving in the same establishment as an Administrative Officer and were allegedly aware that she belonged to a scheduled caste ‘Mahar’. Respondent No.9 allegedly subjected her to humiliation and also used to make overtures since 03.06.2016. She approached Vedant Nagar Police Station and lodged a detailed complaint on 29.01.2019. Since initially it was not accepted she had to approach the Commissioner of Police and thereafter her complaint was received and Crime No.40/2019 was registered for the offences punishable under Section 506 and 509 read with Section 34 of the Indian Penal Code and for the offence punishable under Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (herein after the Atrocities Act) against respondents No.7 to 9.

3. Since the Investigating Officer was not filing any final report, the petitioner filed Criminal Writ Petition No.402/2020 seeking a direction for filing the report. Simultaneously, respondent Nos.7 to 9 filed separate applications under Section 482 of the Code of Criminal Procedure seeking quashment of the crime.

4. It transpires that the Investigating Officer solicited sanction to prosecute respondents No.7 to 9, in the light of Section 197 of the Code of Criminal Procedure . It was pointed out to this Court that pursuant to such requisition by the Investigating Officer, by communication dated 17.02.2021, which is under challenge in this Writ Petition, the Investigating Officer was informed by the Under Secretary in the Public Health Department of the State that the competent authority (Hon’ble Chief Minister) had refused to accord sanction for the time being. In view of such supervening event in view of the stand of the State and the Investigating Officer pointing out his inability to file a final report/charge-sheet, by the common order dated 23.08.2021, the criminal applications of respondents No.7 to 9 for quashment were disposed of granting them liberty to again apply for quashment if the charge-sheet was filed, in case the decision refusing to accord sanction was set aside. To this later stage, by recording the submission of the learned Senior advocate for the petitioner in respect of Writ Petition No.402/2020, informing that the petitioner was still to decide if to challenge the order/decision refusing to accord a sanction, and by observing that the petitioner could challenge that decision, even that writ petition was disposed of.

5. The present petition has been preferred with following prayers :

“B] To quash and set-aside the order/communication dated 17.02.2021 passed by the under secretary Government of Maharashtra in complaint bearing No.2018/pra.kra.57(bhag-1)/seva 4 a By issuing appropriate writ, order direction as the case may be.

C]

To hold and declare that sanctioned under section 197 of Cr.P .C. is not necessary in crime no.40 of 2019 registered with Vedant-nagar police station Aurangabad. By issuing appropriate writ, order direction as the case may be.

D]

To direct the investigation agency to complete investigation and file final report under Section 173 of Cr.P .C. in crime no.40 of 2019 registered with Vedant-nagar police station Aurangabad. By issuing appropriate writ, order direction as the case may be.

E]

To hold and declare th