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2016 (4) TMI 1421 - SC - Indian LawsSeeking discharge of appellant - allegation of omission in discharge of official duty in not providing Government vehicle for shifting the patient from Primary Health Centre to District Hospital, Raigad - requirement of sanction to prosecute Under Section 197(1) Code of Criminal Procedure - HELD THAT:- It is clear that the omission complained of due to which offence is stated to have been committed, was intrinsically connected with discharge of official duty of the Appellant, as such the protection Under Section 197 Code of Criminal Procedure from prosecution without sanction of the competent authority, is available to the Appellant. Thus, he could not have been prosecuted without sanction. It would be for the competent authority to consider the question of grant of sanction in accordance with law. In case sanction is granted only then the Appellant can be prosecuted and not otherwise. Appeal allowed.
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