Amal Kumar Jha Appellant Vs. State of Chhatisgarh and another
The Code of Criminal Procedure, 1973 - Section 197 (1)
Appeal arises out of the order dated 21.1.2011 passed by the High Court of Chhatisgarh at Bilaspur, thereby affirming the order dated 29.6.2002 passed by the Sessions Judge and Judicial Magistrate First Class, Dharamjaigarh, rejecting the application filed by the accused appellant for discharge on the ground of requirement of sanction to prosecute under section 197(1) Cr.P.C. - The allegations constituted failure to provide official vehicle for shifting the patient to District Hospital, Raigad. As it was an act in discharge of official duty, as such the sanction to prosecute was necessary. Whereas the application filed by Dr. A.M. Gupta had been allowed, the prayer made by the appellant has been illegally rejected - It was an act or omission in discharge of the official duty. The sanction to prosecute was necessary. In this case, the accused was acting in discharge of his official duty when he refused to provide the official vehicle. The refusal is directly and reasonably connected with his official duty, thus sanction is required for prosecution as provided under section 197(1) Cr.PC - 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 Cr.PC from prosecution without sanction.
Topic(s)-Sanction to prosecute was necessary