eng
competition

Text Practice Mode

High Court ki Taiyari

created Mar 10th 2023, 12:17 by 1998Raunak


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 In the decision rendered by the Apex Court in the case of State of H.P. v. M.P. Gupta (supra), it has been held " So far as public servants are concerned, the cognizance of any offence, by any Court, is barred by Section 197 CrPC unless sanction is obtained from the appropriate authority, if the offence, alleged to have been committed, was in discharge of official duty. The said section not only specifies the person to whom the protection is afforded but it also specifies the conditions and circumstances in which it shall be available and the effect in law if the conditions are satisfied. The mandatory character of the protection afforded to a public servant is brought out by the expression, "no court shall take cognizance of such offence except with the previous sanction". Use of the words "no" and "shall" makes it abundantly clear that the bar on the exercise of power of the court to take cognizance of any offence is absolute and complete. The very cognizance is barred. That is, the complaint cannot be taken notice of. The word "cognizance" means "jurisdiction" or "the exercise of jurisdiction" or "power to try and determine causes". In common parlance, it means taking notice of. A court, therefore, is precluded from entertaining a complaint or taking notice of it or exercising jurisdiction if it is in respect of a public servant who is accused of an offence alleged to have been committed during discharge of his official duty. The protection given under Section 197 is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. The policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for anything done by them in the discharge of their official duties without reasonable cause, and if sanction is granted, to confer on the Government, if they choose to exercise it, complete control of the prosecution.  Since the offences under which the charge sheet was filed were Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code, no sanction was required under Section 197 of the Code of Criminal Procedure also after retirement of the petitioner.

 

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