Inspector of Police & Anr. Vs. Battenapatla Venkata Ratnam & Anr.
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Head Note
The Code of Criminal Procedure, 1973 - Section 197 , Indian Penal Code,1860 - Section 420 , Section 468 , Section 477-A , Section 120-B , Section 109
Public Servant - Sanction for Prosecution - Whether sanction under Section 197 'CrPC' is required - Held that alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of payment of duty and cause loss to the Revenue - Learned Magistrate has correctly taken the view that if at all the said view of sanction is to be considered, it could be done at the stage of trial only - High Court quashing proceedings on the sole ground that there was no sanction under Section 197 CrPC liable to be set aside.
Topic(s)-Public Servant - No sanction required for cheating , fabrication of records or misappropriation