<p>New Delhi: The Supreme Court on Wednesday said that Section 197 of the Code of Criminal Procedure related to mandatory sanction for prosecution of judges and public servants, does not extend its protective cover to every act or omission of a public servant while in service.</p><p>A bench of Justices Abhay S Oka and Ujjal Bhuyan said that Section 197 CrPC was restricted to only those acts or omissions which are done by public servants in the discharge of official duties.</p><p>As per sub section (1) of Section 197 where any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the central government or the state government, as the case may be.</p><p>The bench said the ambit, scope and effect of Section 197 CrPC has received considerable attention of the apex court. </p><p>“It is not necessary to advert to and dilate on all such decisions. Suffice it to say that the object of such sanction for prosecution is to protect a public servant discharging official duties and functions from undue harassment by initiation of frivolous criminal proceedings," the bench said.</p><p>The apex court set aside an order of the Karnataka High Court which had quashed a criminal complaint and a charge sheet filed against a government official, village accountant Mallikarjun for allegedly faking death certificate and other documents.</p>.SC terms detention of woman by parents illegal, expresses anguish over Karnataka HC proceedings.<p>The complainant challenged the November 2020 order by the high court which held that since sanction to prosecute the accused was denied, his prosecution for criminal offences cannot continue. </p><p>"We are of the unhesitant view that the High Court had erred in quashing the complaint as well as the chargesheet in its entirety,” the bench said.</p><p>The bench said the question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial. </p><p>It said the High Court was not justified in quashing the complaint as well as the charge sheet in its entirety, more so when there are two other accused persons, besides the respondent.</p><p>The court also noted the accused had unsuccessfully challenged the complaint in an earlier proceeding under Section 482 CrPC. </p><p>In subsequent plea, instead of confining the challenge to the charge sheet, he also assailed the complaint as well which he could not have done, the bench said.</p>
<p>New Delhi: The Supreme Court on Wednesday said that Section 197 of the Code of Criminal Procedure related to mandatory sanction for prosecution of judges and public servants, does not extend its protective cover to every act or omission of a public servant while in service.</p><p>A bench of Justices Abhay S Oka and Ujjal Bhuyan said that Section 197 CrPC was restricted to only those acts or omissions which are done by public servants in the discharge of official duties.</p><p>As per sub section (1) of Section 197 where any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the central government or the state government, as the case may be.</p><p>The bench said the ambit, scope and effect of Section 197 CrPC has received considerable attention of the apex court. </p><p>“It is not necessary to advert to and dilate on all such decisions. Suffice it to say that the object of such sanction for prosecution is to protect a public servant discharging official duties and functions from undue harassment by initiation of frivolous criminal proceedings," the bench said.</p><p>The apex court set aside an order of the Karnataka High Court which had quashed a criminal complaint and a charge sheet filed against a government official, village accountant Mallikarjun for allegedly faking death certificate and other documents.</p>.SC terms detention of woman by parents illegal, expresses anguish over Karnataka HC proceedings.<p>The complainant challenged the November 2020 order by the high court which held that since sanction to prosecute the accused was denied, his prosecution for criminal offences cannot continue. </p><p>"We are of the unhesitant view that the High Court had erred in quashing the complaint as well as the chargesheet in its entirety,” the bench said.</p><p>The bench said the question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial. </p><p>It said the High Court was not justified in quashing the complaint as well as the charge sheet in its entirety, more so when there are two other accused persons, besides the respondent.</p><p>The court also noted the accused had unsuccessfully challenged the complaint in an earlier proceeding under Section 482 CrPC. </p><p>In subsequent plea, instead of confining the challenge to the charge sheet, he also assailed the complaint as well which he could not have done, the bench said.</p>
