Case Title: Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors
The Allahabad High Court held that even if the police officials exceed, to some extent, their authority in the discharge of their official/public duty, then also sanction would be required under section 197 CrPC for their prosecution.
For the uninitiated, Section 197 Cr.P.C. reads thus:-
"197. Prosecution of Judges and public servants.-(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-
(a) in the case of a person who is employed or, as the case may be, was at the time of the commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government."
The Court observed that “The object of sanction for prosecution under Section 197 CrPC is to protect the public servants discharging official/public functions from harassment by initiation of mala-fide/frivolous/retaliatory criminal proceedings.”
The Supreme Court in Matajog Dobey V. H.C. Bhari, emphasised on the importance of sanction for the prosecution of a public servant which is to prevent harassment of public servants and protect them from mala fide and motivated criminal prosecution. However, if the competent authority finds that the act of commission/omission done by public servant was not in performance of his public duty, he would sanction prosecution of the public servant.
It also referred to D. Devraja Vs. Owais Sabeer Hussain which is a recent and extensive judgment in this regard.
The Court concluded by observing, “Even if the police official had exceeded to some extent their authority in discharge of their official/public duty, then also sanction would be required for their prosecution. In absence of sanction, the criminal proceedings against the applicants would be non-est and void and the same are liable to be quashed.”