Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

D.T. Virupakshappa Versus C. Subash

2015 (4) TMI 1065 - SUPREME COURT

Cognizance 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. 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. - CRIMINAL APPEAL NO. 722 OF 2015 - Dated:- 27-4-2015 - Parveen Kr. Chawla & .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s IPC ). 3. The appellant moved the High Court under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC ), which was declined by the impugned order. 4. The facts and reasons, as stated in the impugned order, read as follows: 6. A perusal of the averments in the complaint, sworn statement of the complainant and his witnesses go to show that the complainant was picked up from his garden land at about 10.00 a.m. on 6/6/2006 in the morning. Further averment reveals .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the complainant and his witnesses to come to a conclusion whether a prima facie case is made out for registering the case and issuing summons. It is not the stage for the Court to consider the defence of the accused as the same is well settled by the Apex Court as long as in the year 1976 in the case of Nagawwa Vs. V.S. Kojalgi reported in (1976) 3 SCC 736. In the present case, the allegation in the complaint, sworn statement of the complainant and his two witnesses clearly make out the offe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

earned 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. 6. The question, whether sanction is necessary or not, may arise on any stage of the proceedings, and in a given case, it may arise at the stage of inception as held by this Court in Om Prakash and others v. State of Jharkhand Through The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ection given under Section 197 of the Code. It is not possible for us to hold that in such a case, the court cannot look into any documents produced by the accused or the public servant concerned at the inception. The nature of the complaint may have to be kept in mind. It must be remembered that previous sanction is a precondition for taking cognizance of the offence and, therefore, there is no requirement that the accused must wait till the charges are framed to raise this plea. ... 7. In the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nce, which is alleged to have been committed by him while acting or purporting to act in discharge of his official duty, the previous sanction is necessary. 8. The issue of police excess during investigation and requirement of sanction for prosecution in that regard, was also the subject matter of State of Orissa Through Kumar Raghvendra Singh and others v. Ganesh Chandra Jew2, wherein, at paragraph-7, it has been held as follows: 7. The protection given under Section 197 is to protect responsib .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

it, complete control of the prosecution. This protection has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act. If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the discharge of his official duties. It is not the duty which requires examination so much as the act, because the official act can be performed both in the discharge of the official duty as well as in dereliction of it. The act must fall within the scope and range of the official duties of the public servant concerned. It is the quality of the act which is important and the protection of this section is available if the act falls within the scope and range of his official duty. … (Emph .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hed to his office as to be inseparable from it (K. Satwant Singh). The protection given under Section 197 of the Code has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act. If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version