The Supreme Court ruled on the necessity of prior sanction under Section 197 of the CrPC for prosecuting public servants accused of conspiring to create false alibis to shield murder accused. The Court delved into whether these alleged acts fell within the ambit of official duties and thereby required such sanction.

This case involved the murder of the appellant's brother in Firozabad, Uttar Pradesh, and an alleged conspiracy by public officials to create a false alibi for the accused through the registration of a fake case in Gwalior, Madhya Pradesh. The Court focused on whether sanction under Section 197 CrPC was required to prosecute the accused public servants for acts purportedly committed during the discharge of official duties.

1. Incident of Murder and FIR Lodged

• Para 3-4: On October 12, 2007, Om Prakash Yadav’s brother and nephew were attacked in Firozabad. FIR was registered under Sections 147, 148, 149, 302, and 307 IPC. Simultaneously, in Gwalior, an FIR under the Excise Act was filed, allegedly to create a false alibi for the accused Ashok Dixit.

2. Conspiracy Allegations Against Officials

• Para 6-10: Investigating officers alleged that officials in Gwalior colluded with Ashok Dixit, falsifying his arrest under the Excise Act to claim he was in Gwalior at the time of the Firozabad murder.

3. Procedural Developments

• Para 15-20: The investigation in Firozabad was transferred amidst allegations of bias. Supplementary charge sheets were filed, implicating public servants in conspiring to shield Ashok Dixit.

4. High Court’s Decision

• Para 19: The Allahabad High Court quashed the criminal proceedings against the public servants, citing the absence of sanction under Section 197 CrPC.

5. Supreme Court’s Analysis

• Para 39-56: The Court reviewed precedents on Section 197 CrPC, focusing on whether acts like creating a false alibi could be considered part of official duty.

Acts and Sections Discussed:

1. Indian Penal Code (IPC)

   • Section 147, 148, 149: Unlawful assembly
   • Section 307, 302: Attempt to murder and murder
   • Section 120-B: Criminal conspiracy
   • Section 201: Causing disappearance of evidence

2. Code of Criminal Procedure (CrPC)

   • Section 197: Sanction for prosecution of public servants
   • Section 482: Inherent powers of the High Court

3. Madhya Pradesh Excise Act, 1915

   • Section 34: Prohibition-related offences

Ratio Decidendi:

• Acts of fabricating false alibis by public servants cannot be considered as part of their "official duties" under Section 197 CrPC, as these acts are unrelated to the lawful discharge of their responsibilities.
• The protection under Section 197 CrPC applies only to acts integrally connected to official duty and not to acts committed in a personal capacity or beyond the scope of lawful duties.

Subjects:

Criminal Law – Necessity of Sanction under Section 197 CrPC for Prosecution of Public Servants

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