Case Note & Summary
The petitioners, who were public servants working as Junior Engineer, Assistant Account Officer, Gram Sevak, and Junior Engineer in Panchayat Samiti Umri, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order of the Additional Sessions Judge, Bhokar in Criminal Revision No.15/2018 dated 23.04.2019. The respondent no.2 had filed a Miscellaneous Criminal Application No.42/2017 under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC) alleging that the petitioners and other officers had misappropriated government funds meant for village development by indulging in forgery and preparing bogus records regarding an employment guarantee scheme. The learned Magistrate allowed the application and directed investigation. The petitioners filed a revision before the Sessions Court, which was dismissed. In the present petition, the petitioners contended that the alleged acts were done in discharge of their official duty and therefore sanction under Section 197 CrPC was mandatory before taking cognizance. The court examined the allegations and found that the acts of preparing records, supervising works, and making payments were all part of the official duties of the petitioners. The court held that the protection under Section 197 CrPC is available even if the acts are alleged to be illegal or fraudulent, as long as they are reasonably connected with the discharge of official duty. Since no sanction was obtained, the criminal proceedings were quashed. The court allowed the petition and set aside the impugned orders.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - Public Servants - Allegations of misappropriation of government funds by public servants in discharge of official duty - Court held that the acts alleged were in discharge of official duty, thus sanction under Section 197 CrPC is mandatory - Proceedings quashed for lack of sanction (Paras 5-8).
Issue of Consideration
Whether the criminal proceedings against the petitioners, who are public servants, are liable to be quashed for want of sanction under Section 197 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the writ petition, quashed the judgment and order of the Additional Sessions Judge in Criminal Revision No.15/2018 dated 23.04.2019 and the order of the Magistrate in Miscellaneous Criminal Application No.42/2017. The criminal proceedings against the petitioners were quashed for want of sanction under Section 197 CrPC.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servants for acts done in discharge of official duty
- Lack of sanction vitiates criminal proceedings
- Protection under Section 197 CrPC extends to acts reasonably connected with official duty
Case Details
2019 LawText (BOM) (11) 36
Criminal Writ Petition No.739 of 2019
Mr. Patil Indrale Anand V, Mr. B.V. Virdhe, Mr. Mahesh S. Taur
Naroji s/o Yadavrao Korke, Ramesh H. Papanwar, Subhash Mohan Pagalwad, Jairam L Hiwarale
The State of Maharashtra, Pandharinath s/o Baliram Hundekar
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Nature of Litigation
Criminal writ petition under Article 227 of the Constitution of India challenging the order of the Additional Sessions Judge dismissing revision against the Magistrate's order directing investigation under Section 156(3) CrPC.
Remedy Sought
The petitioners sought quashing of the criminal proceedings and the orders of the Magistrate and Sessions Court for want of sanction under Section 197 CrPC.
Filing Reason
The respondent no.2 filed an application under Section 156(3) CrPC alleging misappropriation of government funds by the petitioners and other officers in connection with an employment guarantee scheme.
Previous Decisions
The learned Magistrate allowed the application under Section 156(3) CrPC and directed investigation. The Sessions Court dismissed the revision filed by the petitioners.
Issues
Whether the criminal proceedings against the petitioners are liable to be quashed for want of sanction under Section 197 CrPC?
Whether the acts alleged were done in discharge of official duty?
Submissions/Arguments
The petitioners argued that the alleged acts were done in discharge of their official duty and therefore sanction under Section 197 CrPC was mandatory before taking cognizance.
The respondent no.2 argued that the acts of misappropriation and forgery were not in discharge of official duty and hence no sanction was required.
Ratio Decidendi
The protection under Section 197 CrPC is available to public servants for acts done or purported to be done in discharge of official duty. The court held that the acts alleged, such as preparing records, supervising works, and making payments, were reasonably connected with the official duties of the petitioners. Therefore, sanction under Section 197 CrPC was mandatory, and its absence vitiates the proceedings.
Judgment Excerpts
The protection under Section 197 CrPC is available even if the acts are alleged to be illegal or fraudulent, as long as they are reasonably connected with the discharge of official duty.
Since no sanction was obtained, the criminal proceedings are quashed.
Procedural History
The respondent no.2 filed Miscellaneous Criminal Application No.42/2017 under Section 156(3) CrPC before the Magistrate. The Magistrate allowed the application and directed investigation. The petitioners filed Criminal Revision No.15/2018 before the Additional Sessions Judge, Bhokar, which was dismissed on 23.04.2019. The petitioners then filed the present Criminal Writ Petition No.739 of 2019 before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: 156(3), 197
- Constitution of India: 227
