Case Note & Summary
The petitioners, five individuals who were office bearers of 'Shri. Sant Tukaram Nagari Sahakari Path Sanstha', a cooperative society, challenged the order dated 09/05/2022 passed by the Judicial Magistrate, Jalgaon Jamod, issuing process against them in Miscellaneous Criminal Case No. 73/2019, and the order dated 23/04/2025 of the Additional Sessions Judge, Khamgaon, dismissing their revision. The respondent no. 1, Pushpa Wagh, had lodged a complaint alleging that on 16/03/2019 between 8:30 p.m. to 9:00 p.m., the petitioners came to her house when no male member was present, forcefully entered by pushing her, and in a threatening tone demanded that they be permitted to put the board of their society in front of her complex. The police did not act on her initial complaint, so she filed a private complaint under Section 200 CrPC. The Magistrate issued process for offences under Sections 452, 504, and 506 read with 34 of the Indian Penal Code. The petitioners contended that they were public servants within the meaning of Section 21 IPC, being office bearers of a cooperative society, and that the alleged acts were in discharge of their official duty, thus requiring sanction under Section 197 CrPC. The court agreed, noting that the demand to put up a board was directly related to their official functions. The court held that the absence of sanction vitiated the process, and quashed both the Magistrate's order and the revisional order, discharging the petitioners.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - Public Servants - The court considered whether the petitioners, being office bearers of a cooperative society and public servants, could be prosecuted without prior sanction under Section 197 CrPC for acts allegedly committed in discharge of official duty. The court held that the acts of demanding permission to put up a board and entering the complainant's house were reasonably connected with their official duty as office bearers of the society, and thus sanction was mandatory. The orders issuing process and dismissing revision were quashed. (Paras 5-8) B) Criminal Procedure - Issue of Process - Quashing - Section 482 CrPC - The court examined the validity of the process issued by the Magistrate and the revisional order. It held that the Magistrate failed to consider the mandatory requirement of sanction under Section 197 CrPC, rendering the process order illegal. The revisional court also erred in not addressing this issue. Consequently, the proceedings were quashed. (Paras 7-8)
Issue of Consideration
Whether the order issuing process against the petitioners, who are public servants, is sustainable in the absence of sanction under Section 197 of the Code of Criminal Procedure, 1973.
Final Decision
The petition is allowed. The order dated 09/05/2022 passed by the Judicial Magistrate, Jalgaon Jamod, in Miscellaneous Criminal Case No. 73/2019 issuing process, and the order dated 23/04/2025 passed by the Additional Sessions Judge, Khamgaon, in Criminal Revision Application No. 28/2022, are quashed and set aside. The petitioners are discharged from the complaint.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servants for acts done in discharge of official duty
- Protection under Section 197 CrPC extends to acts reasonably connected with official duty
- Issue of process without sanction is illegal and liable to be quashed
