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
Case Details
Criminal Writ Petition No. 4451 of 2022 and Criminal Writ Petition No. 4104 of 2022
Mr. Rizwan Merchant, Mr. Sultan Khan, Mr. Kuldeep Patil, Ms. Saili Dhuru, Mr. Digvijay S. Kachare, Mr. Anay Joshi, Mr. Sumitkumar Nimbalkar, Ms. Sanika Joshi, Smt. Prajakta P. Shinde, Dr. Yug Mohit Chaudhry, Ms. Payoshi Roy, Mr. Anush Shetty, Mr. Sidhartha Sharma
Jitendra Ramnarayan Rathod, Archana Maruti Pujari, Shatrughn Chudappa Tondse, Suresh Bapu Mane, Ravindra Sukhdev Mane, Vikas Maruti Suryavanshi, Tushar keval Khairnar
Central Bureau of Investigation, The State of Maharashtra, Leonard Xavier Valdaris
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Nature of Litigation
Criminal writ petitions seeking quashing of FIR and charge sheet for custodial death and torture.
Remedy Sought
Quashing of FIR No. RC0062022A0001 registered by CBI and all subsequent proceedings against the petitioners.
Filing Reason
The petitioners, police officers, were accused of causing custodial death and torture; they contended that prosecution without prior sanction under Section 197 CrPC was invalid.
Issues
Whether the acts alleged against the petitioners were committed in discharge of official duty, requiring sanction under Section 197 CrPC.
Whether the absence of sanction vitiates the entire criminal proceedings.
Submissions/Arguments
Petitioners argued that the alleged acts were performed in the course of official duty and thus sanction under Section 197 CrPC was mandatory; failure to obtain sanction renders proceedings invalid.
Respondent-CBI argued that custodial torture and murder are not within the scope of official duty and thus no sanction is required.
Ratio Decidendi
The court held that the acts of custodial torture and murder, even if alleged to be excessive, were committed while the petitioners were on duty and within the scope of their official duties. Therefore, prior sanction under Section 197 CrPC is mandatory. Without such sanction, the criminal proceedings are without jurisdiction and must be quashed.
Judgment Excerpts
The alleged acts of custodial torture and murder were committed while the petitioners were on duty and within the scope of their official duties.
Failure to obtain sanction under Section 197 CrPC renders the criminal proceedings invalid and liable to be quashed.
Procedural History
The CBI registered FIR No. RC0062022A0001 against the petitioners for various offences including murder and torture. The petitioners filed criminal writ petitions before the Bombay High Court seeking quashing of the FIR and charge sheet on the ground of lack of sanction under Section 197 CrPC. The court heard the matter and delivered judgment on 07-04-2026.
Acts & Sections
- Code of Criminal Procedure, 1973: 197, 482
- Indian Penal Code, 1860: 302, 304, 323, 342, 343, 344, 348, 365, 368, 376, 377, 506, 120B, 201, 203, 204, 218, 330, 331
