Prof. N.K. Ganguly Vs. CBI New Delhi
|
Head Note
The Code of Criminal Procedure, 1973 - Section 197 , Indian Penal Code,1860 - Section 120-B
Sanction to Prosecute - Public Servant - Cognizance of offence - It is alleged in the charge-sheet that the appellants entered into an agreement to commit an illegal act, which is an offence punishable under Section 120B of IPC - Therefore, the provision of Section 197 of CrPC is squarely applicable to the facts of the case - Prior sanction of the Central Government was required to be taken by the respondent before the learned Special Judge took cognizance of the offence once the final report was filed under Section 173(2) of CrPC.
The Code of Criminal Procedure, 1973 - Section 197
Sanction to Prosecute - Public Servant - Cognizance of offence - Taking of - Sanction to prosecute - Held that for the purpose of obtaining previous sanction from the appropriate government under Section 197 of CrPC, it is imperative that the alleged offence is committed in discharge of official duty by the accused - It is also important for the Court to examine the allegations contained in the final report against the Appellants, to decide whether previous sanction is required to be obtained by the respondent from the appropriate government before taking cognizance of the alleged offence by the learned Special Judge against the accused - Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be taken by the respondent, before taking cognizance and passing an order issuing summons to the appellants for their presence.
Topic(s)-Sanction to Prosecute - Public Servant - Cognizance quashed in absence of sanction