Case Note & Summary
The Bombay High Court allowed a batch of writ petitions challenging the rejection of discharge applications by the Special Judge in a corruption case related to the recruitment of Jail Sepoys in Maharashtra. The petitioners, who were public servants involved in the selection process, were accused of tampering with marks and favoring certain candidates in conspiracy with the then Deputy Inspector General of Prisons. The court held that the alleged acts of rechecking answer sheets, conducting physical tests, and awarding marks were part of their official duties, and therefore, sanction under Section 197 CrPC was mandatory before prosecution. Since no such sanction was obtained, the proceedings against them were vitiated. Additionally, the court found that the material on record did not establish a prima facie case of criminal conspiracy or corruption against the petitioners, as there was no direct evidence linking them to any illegal agreement. The court emphasized that at the discharge stage, the court must assess whether there is sufficient ground to proceed, and if not, the accused is entitled to discharge. Consequently, the court set aside the impugned order and discharged the petitioners from the case.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Requirement of Sanction - The court considered whether the alleged acts of the petitioners, who were public servants, were done in discharge of official duties, necessitating sanction under Section 197 CrPC. Held that the acts of rechecking answer sheets, conducting physical tests, and awarding marks were part of their official duties, and thus sanction was required. (Paras 10-15) B) Prevention of Corruption Act - Criminal Conspiracy - Section 120B IPC read with Sections 7, 13(1)(d) of PC Act - Prima Facie Case - The court examined whether there was sufficient material to frame charges against the petitioners for criminal conspiracy. Held that the allegations of tampering with marks were not supported by direct evidence and the petitioners acted within their official capacity, hence no prima facie case. (Paras 16-20) C) Criminal Procedure Code - Discharge - Section 227 CrPC - Standard for Discharge - The court reiterated that at the stage of discharge, the court must consider whether there is sufficient ground to proceed against the accused. Held that if the evidence does not disclose a prima facie case, the accused is entitled to discharge. (Paras 21-25)
Issue of Consideration
Whether the petitioners, being public servants, are entitled to discharge on the ground that the alleged acts were done in discharge of official duties and no sanction under Section 197 CrPC was obtained.
Final Decision
The court allowed the writ petitions, set aside the order dated 30 August 2014, and discharged the petitioners from Special Case No.11 of 2010.
Law Points
- Sanction under Section 197 CrPC is required for prosecution of public servants for acts done in discharge of official duties
- Lack of sanction renders proceedings invalid
- Discharge can be granted if no prima facie case is made out
