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2015 (4) TMI 1065 - SUPREME COURT

2015 (4) TMI 1065 - SUPREME COURT - 2015 AIR 2022, 2015 (5) SCR 534, 2015 (4) JT 311, 2015 (5) SCALE 573 - 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 invest .....

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t 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 i .....

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, 341, 120, 114, 506 read with Section 149 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 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 w .....

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o witnesses, namely, PWs. 2 and 3. The Court at this stage is required to consider only the sworn statement 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 alle .....

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de out or not as alleged by the complainant. … 5. The main contention of the appellant is that 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. 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 .....

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the police officer or public servant was acting in performance of his official duty and is entitled to protection 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 .....

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scharge of the official duty. Under Section 197 of CrPC, in case, the Government servant accused of an offence, 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 .....

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hout reasonable cause, and if sanction is granted, to confer on the Government, if they choose to exercise 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 .....

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cerned was accused of an offence alleged to have been committed by him while acting or purporting to act in 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 .....

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ties or it was done in the discharge of his official duties or it was so integrally connected with or attached 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, .....

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