Case Note & Summary
The petitioners, five police officers, were charge-sheeted by the National Investigation Agency (NIA) for offences under Sections 120B, 143, 145, 147, 188, 353, 427 read with 34 and 149 of the Indian Penal Code (IPC) and Section 2 of the Prevention of Destruction of Property Act, 1981, in connection with an incident during a law and order situation. The petitioners filed a petition under Section 482 CrPC before the High Court of Karnataka seeking quashing of the charge sheet dated 02.02.2021 and the cognizance order dated 16.02.2021 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for NIA Cases), Bengaluru. The primary ground was that the petitioners were public servants and the alleged acts were committed in discharge of their official duty, thus requiring prior sanction under Section 197 CrPC and Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA). The court examined the nature of the duties performed by the petitioners and found that the alleged offences were directly connected with their official functions. The court held that the absence of sanction vitiated the prosecution and that continuing the proceedings would be an abuse of process of law. Consequently, the court allowed the petition, quashed the charge sheet and the cognizance order, and discharged the petitioners.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Public Servants - The petitioners, who were police officers, were alleged to have committed offences under IPC and Prevention of Destruction of Property Act, 1981 while performing their duties during a law and order situation. The court held that the acts alleged were in discharge of official duty, and therefore, prior sanction under Section 197 CrPC was mandatory. In the absence of sanction, the charge sheet and cognizance order were quashed. (Paras 10-15) B) Prevention of Money Laundering Act, 2002 - Sanction for Prosecution - Section 45 PMLA - The court noted that the NIA had not obtained sanction under Section 45 PMLA before filing the charge sheet. Since the petitioners were public servants, such sanction was a prerequisite. The failure to obtain it rendered the proceedings invalid. (Paras 16-18) C) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - Quashing of Proceedings - The court exercised its inherent powers to quash the charge sheet and cognizance order to prevent abuse of process of law, as the continuation of proceedings without mandatory sanction would be futile and oppressive. (Paras 19-22)
Issue of Consideration
Whether the charge sheet and cognizance order against the petitioners, who were public servants, can be sustained without prior sanction under Section 197 CrPC and Section 45 of the Prevention of Money Laundering Act, 2002?
Final Decision
The petition is allowed. The charge sheet dated 02.02.2021 and the cognizance order dated 16.02.2021 in Spl.C.C.No.141/2021 are quashed. The petitioners are discharged.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servants for offences alleged to have been committed while acting in discharge of official duty
- Section 45 of PMLA requires prior sanction for prosecution of public servants
- Quashing of criminal proceedings under Section 482 CrPC when continuation is abuse of process of law
