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2009 (1) TMI 546 - SUPREME COURTWhether in view of Section 197 of the Code of Criminal Procedure, previous sanction of the State Government was necessary for prosecuting the respondent No. 2, Sahabul Hussain, under Section 384/506 of the Indian Penal Code? Held that:- Appeal allowed. The offences complained of cannot be said to part of the duties of the Investigating Officer while investigating an offence alleged to have been committed. It was no part of his duties to threaten the complainant or her husband to withdraw the complaint. In order to apply the bar of Section 197 Cr. P.C. each case has to be considered in its own fact situation in order to arrive at a finding as to whether the protection of Section 197 Cr. P.C. could be given to the public servant. The fact situation in the complaint in this case is such that it does not bring the case within the ambit of Section 197 and the High Court erred in quashing the same as far as the respondent No. 2 is concerned. The complaint prima facie makes out offences alleged to have been committed by the respondent No. 2 which were not part of his official duties. Set aside the judgment and order of the High Court.
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