Case Note & Summary
The applicant, Deepak Mallaji Atram, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a judgment dated 23.11.2009 passed by the Principal Sessions Judge, Gadchiroli, in Criminal Revision No. 51/2009, which restored a complaint against him. The respondent, Sheikh Farid Sheikh Suleman, a social worker, had instituted a complaint alleging that the applicant, in collusion with one Babu Hakim, Secretary of Van Vaibhav Shikshan Mandal, made a false and vexatious complaint to the Commissioner, Tribal Development, Nashik, containing derogatory statements against the complainant, thereby lowering his image in society. The complainant sent a legal notice dated 24.8.2007, but the applicant did not apologize; instead, the fact of the complaint was published in newspapers. The trial magistrate had dismissed the complaint, but the Sessions Judge restored it. The applicant argued that he was a public servant and the alleged act was in discharge of his official duty, thus requiring sanction under Section 197 CrPC. The court examined the complaint and found that the alleged defamatory statements were made in a complaint to the Commissioner, which is an act in discharge of official duty. Therefore, the court held that sanction under Section 197 CrPC was necessary and quashed the complaint and the revisional order.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - Public Servant - The court considered whether a complaint against a public servant for acts done in discharge of official duty requires prior sanction under Section 197 CrPC - Held that the alleged defamatory statements were made in a complaint to the Commissioner, Tribal Development, which is an act in discharge of official duty, and thus sanction is necessary - Quashing of complaint allowed (Paras 1-5).
Issue of Consideration
Whether the complaint against the applicant, a public servant, for alleged defamation in a complaint made to the Commissioner, Tribal Development, is liable to be quashed for want of sanction under Section 197 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the application, quashed the judgment dated 23.11.2009 passed by the Principal Sessions Judge, Gadchiroli in Criminal Revision No. 51/2009, and quashed the complaint against the applicant.
Law Points
- Section 197 CrPC
- sanction for prosecution of public servant
- defamation
- quashing of complaint
- inherent powers under Section 482 CrPC
Case Details
2011 LawText (BOM) (03) 182
Criminal Application No. 3687/2009
Mr. A Y Kapgate for applicant, Mr. S.V. Sirpurkar for respondent
Sheikh Farid Sheikh Suleman
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of revisional order restoring complaint
Remedy Sought
Applicant sought quashing of judgment dated 23.11.2009 passed by Principal Sessions Judge, Gadchiroli in Criminal Revision No. 51/2009
Filing Reason
Applicant alleged that the complaint against him was false and vexatious and that sanction under Section 197 CrPC was required as he was a public servant
Previous Decisions
Trial magistrate dismissed the complaint; Sessions Judge restored it in revision
Issues
Whether the complaint against the applicant, a public servant, for alleged defamation in a complaint to the Commissioner, Tribal Development, requires sanction under Section 197 CrPC?
Whether the revisional order restoring the complaint is liable to be quashed for want of sanction?
Submissions/Arguments
Applicant argued that he was a public servant and the alleged act was in discharge of official duty, thus sanction under Section 197 CrPC was necessary.
Respondent argued that the applicant made false and malicious allegations, causing defamation.
Ratio Decidendi
A complaint against a public servant for acts done in discharge of official duty requires prior sanction under Section 197 CrPC; without such sanction, the proceedings are liable to be quashed.
Judgment Excerpts
By this Application under section 482 of the Code of Criminal Procedure, the applicant has prayed for quashing and setting aside the judgment dated 23.11.2009 passed by the Principal Sessions Judge, Gadchiroli in Criminal Revision No. 51/2009, whereby the complaint was restored and learned trial Magistrate was directed to proceed in accordance with law in the matter of complaint.
The alleged defamatory statements were made in a complaint to the Commissioner, Tribal Development, which is an act in discharge of official duty. Therefore, sanction under Section 197 CrPC is necessary.
Procedural History
The respondent filed a complaint before the trial magistrate, who dismissed it. The respondent filed Criminal Revision No. 51/2009 before the Principal Sessions Judge, Gadchiroli, who restored the complaint on 23.11.2009. The applicant then filed Criminal Application No. 3687/2009 under Section 482 CrPC before the Bombay High Court, Nagpur Bench, seeking quashing of the revisional order.
Acts & Sections
- Code of Criminal Procedure, 1973: 482, 197
