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2015 (4) TMI 1065 - SUPREME COURTCognizance of the alleged offence - whether the learned Magistrate could not have taken cognizance of the alleged offence and issued process to the appellant without sanction from the State Government under Section 197 of CrPC, and that on that sole ground, the High Court should have quashed the proceedings? - Held that:- As whole allegation is on police excess in connection with the investigation of a criminal case. The said offensive conduct is reasonably connected with the performance of the official duty of the appellant. Therefore, the learned Magistrate could not have taken cognizance of the case without the previous sanction of the State Government. The High Court missed this crucial point in the impugned order. The appeal is hence allowed. The impugned order by the High Court is set aside, so also, the proceedings initiated by the Civil Judge (Jr.Div) and JMFC at Chikkanayakanahalli, Karnataka in C.C. No. 74/2009 taking cognizance and issuing process to the appellant. It is made clear that our judgment is only on the issue of sanction and we have not considered the matter on merits and that this judgment shall not stand in the way of respondent approaching the State Government for sanction under Section 197 of CrPC. In case such sanction is obtained and the same is produced before the learned Magistrate, the Magistrate may proceed further in the case in accordance with the law.
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