Case Note & Summary
The case involves a criminal revision application filed by Vikas Wagh, a police officer, challenging an order dated 24 January 2014 passed by the learned Special Judge, Nagpur. The Special Judge, acting on a complaint filed by respondent No.3 (Yuvraj Humne), directed the Deputy Superintendent of Police, Anti Corruption Bureau, Nagpur to conduct an investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The background facts reveal that respondent No.3 had earlier filed a complaint against Police Inspector Mr. Jadhav and others for illegal activities, including filing false FIRs and accepting bribes. On 12 January 2011, Mr. Jadhav allegedly accepted Rs.25,000 from Mohanlal Rathod to register a crime against respondent No.3 under various sections of the Indian Penal Code, 1860 (IPC). The court had taken cognizance and ordered registration of a crime against the police. Subsequently, on 20 July 2013, respondent No.3 was assaulted by his neighbour Vijay Shamkuwar and relatives, leading to the registration of Crime No.124/2013. Respondent No.3 alleged that Police Inspector Mr. Jadhav took advantage of this incident and, in connivance with the petitioner (Vikas Wagh) and Ramchandra Varthi, falsely implicated him in a corruption case. The Special Judge, without considering the requirement of sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, 1988 (PC Act), ordered investigation. The petitioner challenged this order on the ground that he is a public servant and the alleged acts were in discharge of official duty, thus requiring prior sanction. The court analyzed the provisions and held that the order was passed without jurisdiction as no sanction was obtained. The court quashed the order dated 24 January 2014 and allowed the revision application.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Investigation of Public Servant - The court considered whether an order under Section 156(3) CrPC directing investigation against a police officer for alleged offences under the Prevention of Corruption Act is valid without prior sanction. Held that such investigation cannot proceed without sanction under Section 197 CrPC and Section 19 of the PC Act, as the acts complained of were in discharge of official duty (Paras 5-8). B) Prevention of Corruption Act - Sanction for Investigation - Section 19 PC Act - Protection of Public Servants - The court held that the Special Judge erred in ordering investigation without sanction, as the allegations related to acts done in official capacity. The order was quashed and set aside (Paras 5-8).
Issue of Consideration
Whether the Special Judge could order investigation under Section 156(3) CrPC against a public servant without prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, 1988.
Final Decision
The court allowed the criminal revision application and quashed the order dated 24 January 2014 passed by the learned Special Judge, Nagpur.
Law Points
- Sanction for prosecution of public servants
- Section 197 CrPC
- Section 19 Prevention of Corruption Act
- 1988
- Section 156(3) CrPC
- Investigation without sanction
- Protection of public servants
