Case Note & Summary
The State of Maharashtra filed a criminal application under Section 482 CrPC challenging the judgment and order of the Additional Sessions Judge, Akola, who allowed the revision filed by the accused Ramesh Sahare and stopped the proceedings in S.C.C. No. 803/2009 under Section 258 CrPC. The case arose from a complaint lodged on 21 August 2005 by a victim alleging that the accused, then serving as Sub-Divisional Police Officer, Akola, telephoned her and demanded sexual favours in exchange for favourable consideration of her son's candidature for appointment in the police department. An offence under Section 509 IPC was registered as Crime No. 646/2005. After investigation, the police sought sanction to prosecute the accused, who was a public servant. The Special Inspector General of Police, Amravati, by letter dated 2 January 2009, opined that no previous sanction was needed. Consequently, the Superintendent of Police directed filing of chargesheet. The accused filed a criminal revision before the Sessions Court, which held that sanction under Section 197 CrPC was mandatory as the alleged act was purportedly done in discharge of official duty, and stopped the proceedings under Section 258 CrPC. The State appealed. The High Court examined whether the act of demanding sexual favours in connection with recruitment was connected to official duty. It held that since the accused was a public servant dealing with police recruitment, the act was reasonably connected to his official duties, thus sanction under Section 197 CrPC was required. The absence of valid sanction rendered the prosecution unsustainable. The High Court found no error in the Sessions Judge's order stopping proceedings under Section 258 CrPC, as continuing the trial would be an abuse of process. The High Court dismissed the State's application, upholding the Sessions Court's decision.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - Requirement of Sanction - The court considered whether the alleged act of making a telephonic call to demand sexual favours in exchange for a favourable recommendation for appointment in police department was done in discharge of official duty - Held that the act was purportedly done in the course of official duty as the accused was a Sub-Divisional Police Officer dealing with recruitment, thus sanction under Section 197 CrPC was necessary - The absence of valid sanction vitiated the prosecution (Paras 3-6). B) Criminal Procedure - Stoppage of Proceedings - Section 258 CrPC - Power to Stop Summons Case - The revisional court stopped proceedings under Section 258 CrPC after finding lack of sanction - Held that the Sessions Judge correctly exercised discretion to prevent abuse of process, as continuing trial without sanction would be futile (Paras 3-6).
Issue of Consideration
Whether the Additional Sessions Judge was justified in stopping proceedings under Section 258 CrPC on the ground that sanction under Section 197 CrPC was required but not obtained for prosecuting a public servant for an offence under Section 509 IPC.
Final Decision
The High Court dismissed the State's criminal application, upholding the Sessions Court's order stopping proceedings under Section 258 CrPC for want of valid sanction under Section 197 CrPC.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of a public servant for acts done in discharge of official duty
- even if the act is alleged to be criminal
- the test is whether the act is reasonably connected with official duty
- Section 258 CrPC allows stoppage of proceedings in summons cases for want of sanction.
