Case Note & Summary
The dispute arose from a complaint filed by the Special Railway Magistrate against two members of the Delhi Police Force, Balbir Singh and Ram Shankar, alleging that they tampered with Search Memos. The appellants contended that the complaint was not maintainable due to the absence of prior sanction as required under Section 197(3) of the Code of Criminal Procedure. The trial court rejected this contention, and the High Court upheld the decision, although it declared a notification issued by the Lt. Governor regarding the applicability of Section 197 to police officials as ultra vires. The Supreme Court examined whether the prosecution could proceed without prior sanction. It noted that the notification was valid and that the prior sanction was imperative only if the alleged acts were committed while discharging official duties. The court concluded that the tampering of Search Memos was not an act done in discharge of official duties, as the documents were in the custody of the court at the time of the alleged tampering. The court referred to several precedents to support its reasoning, ultimately allowing the appeal by the Delhi Administration and dismissing the appeal by the accused. The court set aside the High Court's declaration regarding the notification and directed the Magistrate to proceed with the case in accordance with law.
Headnote
A) Criminal Procedure - Prior Sanction - Necessity of Prior Sanction for Prosecution - Code of Criminal Procedure, 1973, Section 197(3) - The court held that prior sanction of the Lt. Governor is not necessary for prosecuting police officials for acts not done in discharge of official duties, as the tampering of evidence occurred while the documents were in court custody (Paras 815-817).
Issue of Consideration
Whether prior sanction under Section 197(3) of the Code of Criminal Procedure was necessary for prosecuting the appellants.
Final Decision
The Supreme Court allowed the appeal filed by the Delhi Administration, set aside the High Court's declaration regarding the notification, and directed the Magistrate to proceed with the case in accordance with law. The appeal filed by the accused was dismissed.
Law Points
- Prosecution
- Prior sanction
- Official duty
- Criminal Procedure Code
- Tampering evidence
