Case Note & Summary
The petitioners, six retired police officers, were accused in C.C.No.723/2013 pending before the II Addl. Civil Judge and JMFC, Ballari. They filed applications under Section 203 CrPC before the trial court seeking discharge on the ground that the prosecution was barred due to lack of prior sanction under Section 197 CrPC. The trial court dismissed those applications by order dated 13.09.2017. Aggrieved, the petitioners filed the present petition under Section 482 CrPC before the High Court of Karnataka seeking quashing of that order. The High Court heard the matter and reserved orders on 12.06.2018. The court observed that the petitioners were retired police officers at the time of filing of the complaint and that the acts alleged were done in their official capacity. However, since they had retired, the requirement of sanction under Section 197 CrPC was not applicable. The court found that the trial court's order was not perverse or illegal and did not warrant interference under Section 482 CrPC. Consequently, the petition was dismissed.
Headnote
A) Criminal Procedure Code - Quashing of Order - Section 482 CrPC - Petition to quash order dismissing application under Section 203 CrPC - Petitioners, retired police officers, sought discharge on ground of lack of sanction under Section 197 CrPC - Trial court dismissed applications - High Court held that the order was not perverse or illegal and did not warrant interference under Section 482 CrPC (Para 1-3).
B) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Applicability to retired public servants - Petitioners were retired police officers at the time of filing of complaint - Acts alleged were done in official capacity - However, since they had retired, sanction under Section 197 CrPC was not required - Trial court's order refusing to discharge was correct (Para 2-3).
Issue of Consideration
Whether the order passed by the trial court dismissing the applications filed by the petitioners under Section 203 CrPC raising the bar of prior sanction under Section 197 CrPC is liable to be quashed.
Final Decision
The High Court dismissed the criminal petition, holding that the order of the trial court did not warrant interference under Section 482 CrPC.
Law Points
- Section 482 CrPC
- Section 197 CrPC
- Section 203 CrPC
- Sanction for prosecution
- Official capacity
- Retired public servant
Case Details
2018 LawText (KAR) (06) 36
CRIMINAL PETITION NO.100192/2018
Dr. Justice H.B. Prabhakara Sastry
Sri. S.H. Mittalkod (for petitioners), Sri. V. M. Banakar (Addl. SPP for R1), Dr. Vinayaka Prasanna K. (R2 - party-in-person)
N. Chalapathi, H.E. Manjappa, Manjunath, Sri.Jagannath Rai, Ranganatha, Basavaraj
State of Karnataka, Dr.Vinayaka Prasanna K.
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of order dismissing applications under Section 203 CrPC.
Remedy Sought
Petitioners sought to quash the order dated 13.09.2017 passed by the II Addl. Civil Judge and JMFC, Ballari in C.C.No.723/2013 dismissing their applications under Section 203 CrPC raising the bar of prior sanction.
Filing Reason
The petitioners, accused in C.C.No.723/2013, filed applications under Section 203 CrPC seeking discharge on the ground that prosecution was barred due to lack of prior sanction under Section 197 CrPC. The trial court dismissed those applications.
Previous Decisions
The trial court dismissed the applications filed by the petitioners under Section 203 CrPC by order dated 13.09.2017.
Issues
Whether the order of the trial court dismissing the applications under Section 203 CrPC is liable to be quashed under Section 482 CrPC.
Submissions/Arguments
Petitioners argued that the prosecution was barred due to lack of prior sanction under Section 197 CrPC as the acts were done in official capacity.
Respondent State opposed the petition.
Ratio Decidendi
The requirement of sanction under Section 197 CrPC is not applicable to retired public servants. The trial court's order dismissing the applications under Section 203 CrPC was not perverse or illegal and did not warrant interference under Section 482 CrPC.
Judgment Excerpts
The present petitioners, who are accused Nos.1 to 6 in C.C.No.723/2013, pending before the II Addl. Civil Judge and JMFC Court, Ballari (hereinafter referred to as ‘the Court below’ for brevity), have filed this petition under Section 482 of the Cr.P.C. seeking to quash the order dated 13.09.2017 passed by the II Addl. Civil Judge and JMFC, Ballari in C.C.No. 723 of 2013 dismissing the applications filed by these petitioners under Section 203 of Cr.P.C., raising the bar of prior sanction.
Procedural History
The petitioners filed applications under Section 203 CrPC before the trial court seeking discharge on ground of lack of sanction. The trial court dismissed those applications on 13.09.2017. The petitioners then filed the present petition under Section 482 CrPC before the High Court. The High Court heard the matter and reserved orders on 12.06.2018, and pronounced the order on 20.06.2018 dismissing the petition.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 197, Section 203, Section 482
