J.B.S. Chandel Vs. State of M.P.

Madhya Pradesh High Court (Single Judge)

MCRC, 14484 of 2012, Judgment Date: Jan 14, 2022

Law laid down - 

The object of giving protection under Section 197 of the Code of Criminal Procedure--

To take sanction for initiating prosecution against public servant for protecting them from needless harassment so as to render protective assurance to honest officer to perform public duty honestly and to best of their abilities because threat of prosecution demoralises the honest officer.

Real test to determine applicability of Section 197 of Cr.C.P. and obtaining sanction from the Government are:-

(i) That the accused must be a public servant and can be removed from his office only with the sanction of the State Government or the Central Government;

(ii) He must be an accused of an offence alleged to have been committed by him while acting or purporting to act in discharge of his official duty.

If required parameters are fulfilled then previous sanction of the competent authority to initiate prosecution against a public servant is a pre-requisite condition.

J.B.S. Chandel Vs. State of M.P.

M.Cr.C. No.4368 of 2013 - J.B.S. Chandel and others Vs. State of Madhya Pradesh and another

&

M.Cr.C. No.34749 of 2019 - Arvind Dubey and another Vs. State of Madhya Pradesh and another