Case Note & Summary
The petitioners, Sri Jagadish Shivappa Shettar and Sri S. Sundaresh, were accused Nos. 1 and 2 in FIR No. 63/2014 registered by the Bengaluru Metropolitan Task Force (BMTF) Police. They filed Criminal Petitions under Section 482 CrPC seeking quashing of the FIR and complaint. The petitioners were public servants, and the allegations pertained to acts done in the discharge of their official duties. The court heard Shri C.V. Nagesh, Senior Advocate for the petitioners, and Smt. B.G. Namitha Mahesh, HCGP for the State. The core legal issue was whether the prosecution could proceed without the mandatory sanction under Section 197 CrPC. The court held that the acts alleged were in discharge of official duty, and therefore, sanction was required. Since no sanction was obtained, the FIR and complaint were quashed. The petitions were allowed.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - Public Servants - The court considered whether the FIR against the petitioners, who were public servants, required sanction under Section 197 CrPC for acts allegedly done in discharge of official duty - Held that the acts complained of were in discharge of official duty and sanction was mandatory, and in its absence, the FIR and complaint are liable to be quashed (Paras 1-6).
Issue of Consideration
Whether the FIR registered against the petitioners, who are public servants, is liable to be quashed for want of sanction under Section 197 of the Code of Criminal Procedure, 1973
Final Decision
The court allowed the petitions and quashed the FIR No.63/2014 and the complaint filed by respondent No.1.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servants for acts done in discharge of official duty
- FIR quashed for lack of sanction
Case Details
2019 LawText (KAR) (01) 104
Criminal Petition No.6731 of 2014 c/w Criminal Petition No.5688 of 2014
C.V. Nagesh, Mrinal Shankar, M.R. Vijayakumar, B.G. Namitha Mahesh
Sri Jagadish Shivappa Shettar and Sri S. Sundaresh
Sri A. Prasad and State of Karnataka
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Nature of Litigation
Criminal petitions under Section 482 CrPC seeking quashing of FIR and complaint
Remedy Sought
Quashing of FIR No.63/2014 and complaint filed by respondent No.1
Filing Reason
Petitioners, being public servants, alleged that the FIR was filed without mandatory sanction under Section 197 CrPC for acts done in discharge of official duty
Issues
Whether the FIR against the petitioners, who are public servants, requires sanction under Section 197 CrPC for acts done in discharge of official duty
Submissions/Arguments
Petitioners argued that the acts alleged were in discharge of official duty and sanction under Section 197 CrPC was mandatory, and in its absence, the FIR and complaint are liable to be quashed
Ratio Decidendi
For prosecution of a public servant for acts done in discharge of official duty, sanction under Section 197 CrPC is mandatory. In the absence of such sanction, the FIR and complaint are liable to be quashed.
Judgment Excerpts
These two Criminal Petitions are filed by accused Nos.1 and 2 challenging FIR No.63/2014 registered by Bengaluru Metropolitan Task Force (‘BMTF’ for short) Police Station.
Heard Shri C.V.Nagesh, learned Senior Advocate for the petitioners in both the petitions and Ms.Namitha Mahesh, HCGP for the State.
Procedural History
FIR No.63/2014 was registered by BMTF Police on 31.07.2014. Petitioners filed Criminal Petitions under Section 482 CrPC before the High Court of Karnataka seeking quashing of the FIR and complaint. The petitions were heard and disposed of by common order on 19.02.2019.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 197, Section 482
