Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Report u/s 173 Cr.P.C. that accused after entering into conspiracy to select Panchayat Secretaries, against monetary consideration, committed forgery in various records and used forged record as genuine and destroyed the evidence to justify their illegal acts - Handwriting expert..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Police personnel - Allegation that false case u/ss 324, 34 IPC has been filed by police personnel/respondents against nephew and brother of petitioner - However, allegations made by petitioner against respondents do not inspire confidence - Inquiry report of ACP concluded that complaint of petitioner..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of official duty, as the accused..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Principles governing - (i) Protection of sanction is an assurance to an honest and sincere officer to perform his duty honestly and to the best of his ability - However, authority cannot be camouflaged to commit crime; (ii) Once act or omission has been found to have been committed by public servant..........
Criminal Procedure Code, 1973, Section 197 -- Court is not to be a sanctioning authority - It has to be decided by competent authority and sanction has to be issued on the basis of sound objective assessment...........
Criminal Procedure Code, 1973, Section 197 -- Question of sanction can be raised at the time of framing of charge and it can be decided prima facie on the basis of accusation - Even it is open to decision afresh in the light of evidence adduced after conclusion of trial or at other appropriate stage...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where public servant has exceeded his duty, if there is reasonable connection it would not deprive him of protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fake encounter or death caused by torture by police officers - Prima facie version of prosecution is found to be correct that since it is a case of fake encounter there is no requirement of sanction - However, it would be open to accused persons to adduce evidence in defence and to submit such other..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Offences of theft, criminal intimidation etc. by a police officer in course of investigation of a crime cannot be said to have any relation to discharge of his official duty of conducting investigation...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C is available only where the alleged act done by public servant is reasonably connected with discharge of his official duty and not merely a cloak for doing the objectionable act...........
