Case Note & Summary
The applicant, Kundan Khanderao Dhande, filed a criminal application under Section 482 CrPC seeking quashing of Criminal Proceeding bearing S.C.C. No. 614 of 2013 arising out of F.I.R. C.R. No. 4 of 2013 pending before the Judicial Magistrate, First Class, Raver, District Jalgaon, for offences punishable under Sections 353 and 186 of the Indian Penal Code. The applicant was a public servant (Bailiff) and the complaint was filed by respondent no.1, Vasudeo Nivruti Fegde, a private individual. The applicant contended that the alleged acts were committed while discharging official duty and that no sanction under Section 197 CrPC had been obtained. The court examined the provisions of Section 197 CrPC and held that when a public servant is accused of offences alleged to have been committed while acting in discharge of official duty, prior sanction from the competent authority is mandatory. Since the complaint was filed by a private person without such sanction, the proceedings were not maintainable. The court quashed the criminal proceedings and allowed the application.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - Mandatory Sanction - Prosecution of a public servant for offences under Sections 353 and 186 IPC alleged to have been committed while acting in discharge of official duty requires prior sanction under Section 197 CrPC - In the absence of such sanction, the proceedings are not maintainable and are liable to be quashed (Paras 3-5).
Issue of Consideration
Whether criminal proceedings under Sections 353 and 186 IPC against the applicant, a public servant, can be sustained without prior sanction under Section 197 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the criminal application and quashed the criminal proceeding bearing S.C.C. No. 614 of 2013 arising out of F.I.R. C.R. No. 4 of 2013 pending before the Judicial Magistrate, First Class, Raver, Dist. Jalgaon.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of a public servant for offences alleged to have been committed while acting in discharge of official duty
- Complaint by private individual without sanction is not maintainable
- Proceedings under Sections 353 and 186 IPC quashed
Case Details
2016 LawText (BOM) (10) 32
Criminal Application No. 4527 of 2016
S.S. Shinde, Sangitrao S. Patil
L.V. Sangeet for Applicant, S.W. Munde APP for Respondent/State, P.S. Pawar for Respondent No.1
Kundan S/o Khanderao Dhande
Vasudeo S/o Nivruti Fegde, The State of Maharashtra
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing of criminal proceedings.
Remedy Sought
Quashing of Criminal Proceeding bearing S.C.C. No. 614 of 2013 arising out of F.I.R. C.R. No. 4 of 2013 pending before the Judicial Magistrate, First Class, Raver, Dist. Jalgaon.
Filing Reason
The applicant, a public servant, was being prosecuted under Sections 353 and 186 IPC without prior sanction under Section 197 CrPC.
Issues
Whether criminal proceedings under Sections 353 and 186 IPC against a public servant can be sustained without prior sanction under Section 197 CrPC.
Submissions/Arguments
The applicant argued that the alleged acts were committed while discharging official duty and no sanction under Section 197 CrPC was obtained.
The respondent/State and respondent no.1 opposed the application.
Ratio Decidendi
When a public servant is accused of offences under Sections 353 and 186 IPC alleged to have been committed while acting in discharge of official duty, prior sanction under Section 197 CrPC is mandatory. In the absence of such sanction, the proceedings are not maintainable and are liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The applicant has prayed for quashing of Criminal Proceeding bearing S.C.C. no.614 of 2013 arising out of F.I.R. bearing C.R. No.4 of 2013 pending before the Judicial Magistrate, First Class, Raver, Dist. Jalgaon for the offences punishable under Sections 353 and 186 of the Indian Penal Code.
In the present case, the applicant is a public servant and the alleged offences are said to have been committed while he was acting in discharge of his official duty. Therefore, sanction under Section 197 of the Code of Criminal Procedure is mandatory.
Since no such sanction has been obtained, the proceedings are not maintainable and are liable to be quashed.
Procedural History
The applicant filed Criminal Application No. 4527 of 2016 under Section 482 CrPC before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking quashing of S.C.C. No. 614 of 2013 arising out of F.I.R. C.R. No. 4 of 2013 pending before the Judicial Magistrate, First Class, Raver, Dist. Jalgaon. The court heard the matter and delivered judgment on October 25, 2016.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 353, 186
- Code of Criminal Procedure, 1973 (CrPC): 197, 482
