Case Note & Summary
The petitioner, Mr. A.L. Jayaramu, a former Assistant Administrative Officer in the Government Unani Medical College, Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a complaint dated 26-10-2015, the resultant FIR in Crime No.659/2015 dated 28-10-2015, and a Government order dated 19-12-2015. The complaint was filed by the second respondent, Mrs. Shakeela Banu, alleging that the petitioner along with four others had indulged in irregularities in admissions given to students from different states for the first year. The petitioner contended that he was a public servant and the alleged acts were in discharge of his official duty, thus requiring prior sanction under Section 197 CrPC. The court examined the facts and found that the allegations pertained to the petitioner's role as an Assistant Administrative Officer in the admission process, which was part of his official duties. The court held that the acts complained of were integrally connected with the discharge of official duty, and therefore, prior sanction under Section 197 CrPC was mandatory. Since no such sanction was obtained, the FIR and the Government order for investigation were quashed to prevent abuse of process of law. The court allowed the petition and quashed the impugned proceedings.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Requirement of Sanction - The petitioner, a public servant, was alleged to have committed irregularities in admissions. The court held that the acts complained of were in discharge of official duty, and therefore, prior sanction under Section 197 CrPC was mandatory. In the absence of sanction, the FIR and the Government order for investigation were quashed. (Paras 1-10) B) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Abuse of Process - The court found that the continuation of proceedings without sanction would be an abuse of process of law, and thus, the FIR and the Government order were quashed under Section 482 CrPC read with Articles 226 and 227 of the Constitution. (Paras 1-10)
Issue of Consideration
Whether the prosecution of a public servant for alleged irregularities in admission of students requires prior sanction under Section 197 of the Code of Criminal Procedure, 1973, and whether the FIR and Government order for investigation are liable to be quashed in the absence of such sanction.
Final Decision
The court allowed the writ petition and quashed the complaint dated 26-10-2015, the FIR in Crime No.659/2015 dated 28-10-2015, and the Government order dated 19-12-2015.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servants for acts done in discharge of official duty
- FIR and investigation quashed if no sanction obtained
- Government order for investigation without sanction is invalid
