Case Note & Summary
The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investigation (CBI) for offences including murder, torture, and criminal conspiracy in connection with a custodial death. The petitioners, who were serving as police personnel, were accused of causing the death of a person in custody through torture and negligence. The CBI had taken over the investigation and filed a charge sheet. The petitioners argued that the prosecution was barred due to lack of prior sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC), as the alleged acts were committed in the discharge of their official duties. The court examined whether the acts complained of were so connected with official duty that sanction was necessary. It held that the acts of custodial torture and murder, even if alleged to be excessive, were performed while the officers were on duty and within the scope of their employment. Therefore, prior sanction from the competent authority was mandatory. Since no such sanction was obtained, the entire criminal proceedings were without jurisdiction and liable to be quashed. The court allowed the petitions and quashed the FIR and all subsequent proceedings against the petitioners.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Mandatory Sanction - Prosecution of public servants for acts done in discharge of official duty requires prior sanction from competent authority - Held that the alleged acts of custodial torture and murder were committed while the petitioners were on duty and within the scope of their official duties, thus sanction under Section 197 CrPC is mandatory - Failure to obtain sanction renders the criminal proceedings invalid and liable to be quashed (Paras 10-25). B) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - High Court can quash proceedings where continuation would be an abuse of process of law - Held that where mandatory sanction is lacking, the proceedings are without jurisdiction and must be quashed to prevent abuse of process (Paras 26-30).
Issue of Consideration
Whether the prosecution of police officers for alleged custodial torture and murder can proceed without prior sanction under Section 197 of the Code of Criminal Procedure, 1973, when the acts complained of were committed in the discharge of official duty.
Final Decision
The court allowed the petitions and quashed the FIR and all subsequent proceedings against the petitioners for lack of sanction under Section 197 CrPC.
Law Points
- Sanction for prosecution under Section 197 CrPC is mandatory for acts done in discharge of official duty
- Lack of sanction vitiates the entire proceedings
- Custodial death cases require careful scrutiny but procedural safeguards must be followed
