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2014 (7) TMI 1379 - SUPREME COURTGrant of sanction Under Section 197 of Code of Criminal Procedure - public servant within the meaning of Section 21 of the Indian Penal Code - Case of appellant is that the sanction for prosecution of the Appellant Under Section 197 of the Code of Criminal Procedurewas not obtained or granted prior to the date of taking of cognizance - whether the acts giving rise to the alleged offences had been committed by the accused in the actual or purported discharge of his official duties? - HELD THAT:- In a series of pronouncements commencing with Satwant Singh v. State of Punjab [1959 (10) TMI 32 - SUPREME COURT], Harihar Prasad v. State of Bihar [1971 (9) TMI 186 - SUPREME COURT] and Prakash Singh Badal and Anr. v. State of Punjab and Ors. [2006 (12) TMI 548 - SUPREME COURT] it has been consistently held that it can be no part of the duty of a public servant or acting in the discharge of his official duties to commit any of the offences covered by Section 406, 409, 420 etc. and the official status of the public servant can, at best, only provide an opportunity for commission of the offences. Therefore, no sanction for prosecution of the public servant for such offences would be required Under Section 197 of the Code. Notwithstanding the above, the High Court had granted liberty to the Appellant to raise the issue of sanction, if so required, depending on the evidence that may come on record in the course of the trial. There are no occasion to cause any interference with the orders passed by the High Court in the proceedings instituted before it by the Appellant which have been impugned in the appeals under consideration - appeal dismissed.
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