Case Note & Summary
The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include conspiracy and destruction of evidence. The original crime was registered as Crime No. 135 of 2016 under Section 302 IPC against unknown persons. After initial police investigation, the matter was transferred to CBI following a state government order under the Delhi Special Police Establishment Act, 1946. The CBI filed supplementary charge sheets, arraigning the petitioner for allegedly creating a fake travel itinerary and making calls to other accused. The petitioner sought discharge under Section 227 CrPC, which was rejected by the trial court. He then filed the present writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC, challenging the rejection order and seeking quashing of proceedings, primarily on the ground that no sanction under Section 197 CrPC was obtained to prosecute him as a public servant. The court examined the scope of Section 197 and noted that it protects acts done in discharge of official duty. The allegations of fabricating travel documents and false bills were held to be outside the purview of official functions, thus no sanction was required at that stage. The court observed that if during trial it emerged that the acts were part of official duty, the issue of sanction could be revisited. The petition was accordingly dismissed, upholding the trial court's order.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Scope of Section 197 CrPC - Indian Penal Code, 1860, Sections 302, 120B, 201, 143, 147, 148, 149; Code of Criminal Procedure, 1973, Section 197 - Protection under Section 197 CrPC requires that the alleged offence be committed while acting or purporting to act in discharge of official duty - Allegations against petitioner, a public servant, pertained to preparation of fake travel itinerary and raising of false bills, which are not part of official duty - Held that such illegal acts do not attract requirement of sanction; if evidence during trial indicates official duty, court may consider sanction then (Paras 8-9).
Issue of Consideration
Whether non-grant of sanction under Section 197 CrPC vitiates proceedings against the petitioner, a public servant, for offences alleged to have been committed in discharge of his official duty.
Law Points
- Section 197 CrPC
- sanction for prosecution of public servants
- official duty requirement
- discharge under Section 227 CrPC
- CBI investigation
Case Details
2023 LawText (KAR) (10) 11
Writ Petition No.15770 of 2023 (GM-RES)
Bipin Hegde, Kurandwad Gopalkrishna Pralhad, P. Prasanna Kumar
Sri Somashekar Nyamagouda
State of Karnataka by Central Bureau of Investigation
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Nature of Litigation
Criminal writ petition seeking to quash proceedings and set aside order rejecting discharge under Section 227 of the CrPC
Remedy Sought
Petitioner (accused No.21) prayed for quashing of entire proceedings in Special C.C.No.565 of 2021 and reversal of trial court's order dated 08-11-2022 rejecting his discharge application
Filing Reason
Petitioner contended that no sanction under Section 197 CrPC was obtained, and he was falsely implicated without any reference in witness statements
Previous Decisions
Trial court rejected discharge application on 08-11-2022; earlier writ petitions challenging transfer of investigation to CBI were dismissed by High Court on 16-10-2021; Supreme Court dismissed SLP against refusal to transfer investigation on an earlier occasion
Issues
Whether non-grant of sanction under Section 197 CrPC vitiates the proceedings against the petitioner, a public servant, for offences allegedly committed in discharge of his official duty.
Submissions/Arguments
Petitioner argued that as a government servant, he cannot be prosecuted without sanction under Section 197 CrPC; his name did not appear in the statements of key witnesses; he was not initially arrayed as accused and the allegations do not connect him to the crime.
Respondent CBI contended that the alleged acts of fabricating travel itineraries, raising false bills, and making calls to other accused are not part of official duty and hence do not require sanction; the matter involves disputed questions of fact suited for trial.
Ratio Decidendi
The protection of Section 197 CrPC is limited to offences committed while acting or purporting to act in discharge of official duty; alleged illegal acts such as preparing a fake travel itinerary and raising false bills do not fall within the scope of official duty, and therefore no prior sanction is required at the stage of taking cognizance.
Judgment Excerpts
Section 197 of the CrPC mandates that no Court shall take cognizance of the offences if they are the ones punishable for acts of public servant committed during the discharge of his official duty.
What is alleged against the petitioner is preparation of fake travel itinerary, raising of bills and making certain calls to other accused. These are illegal and illicit acts of the petitioner. These acts cannot be brought within the ambit of discharge of official duty to require sanction or otherwise.
Procedural History
Original complaint filed by wife of deceased lead to Crime No.135/2016 under Section 302 IPC. Police filed charge sheet against six accused. Writ petition seeking CBI investigation dismissed by High Court, SLP dismissed by Supreme Court. State government then accorded sanction for CBI investigation under Delhi Special Police Establishment Act, 1946. CBI registered RC 17(S)/2019 and filed supplementary charge sheets, arraigning MLA and the petitioner as accused. Petitioner filed discharge application under Section 227 CrPC, which was rejected by trial court on 08-11-2022. Petitioner filed present writ petition challenging rejection and seeking quashing of proceedings.
Acts & Sections
- Indian Penal Code, 1860: 302, 143, 147, 148, 120B, 201, 149
- Code of Criminal Procedure, 1973: 227, 482, 197
- Delhi Special Police Establishment Act, 1946: 6
- Constitution of India: 226, 227
