TMI Blog1987 (1) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... their duty: (1) They cannot be prosecuted without obtaining a sanction to prosecute from the appropriate Government (Section 132 (132. Protection against prosecution for acts done under preceding Sections-(1) No Prosecution against any person for any act purporting to be done under Section 129, Section 139 or Section 131 shall be instituted in any Criminal Court except- (a) with the sanction of the Central Government where such person is an officer or member of the armed forces; (b) with the sanction of the State Government in any other case….) of the CrPC) (Cr. PC) (2) No Court can take cognizance of an offence against such an official in the absence of the previous sanction of the appropriate Government (see Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanction authorising any court to take 'cognizance' of the offence against the appellant. The High Court has, however, taken the view that inasmuch as the State Government itself had accorded sanction to 'prosecute' the appellant in exercise of powers under Section 132 of the Cr. PC there was no need for sanction under Section 197 of Cr. PC The reasoning runs along these lines: Both sanctions are (1) to be given by the State Government, (2) in respect of the same person, and (3) on the same allegations. Therefore, the sanction under one provision (Section 132) can be treated as a sanction under the other provision (Section 197(3) as well). We are afraid, the High Court has overlooked the scope, purpose and character of sanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanction under Section 132 Cr. PC the question to be answered is whether the intending complain ant is a suitable person to be authorized for prosecuting the matter in good faith. In regard to the sanction under Section 197 the question to be answered is which particular court should be empowered to try the case. So also in granting sanction under Section 197 the sanctioning authority has to consider whether or not to exercise the powers under Section 197(4) to specify the person by whom, the manner in which, and the offence or offences for which the concerned public servant should be tried and the court before which the trial is to be held . The authority seized of the matter in the context of sanction under Section 132 does not have t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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