Case Note & Summary
The petitioner, M. Mahesh, a Police Sub-Inspector, filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings in PCR No.7/2014 (PHR No.2/2012) pending before the Principal Sessions Judge, Kodagu at Madikeri. The proceedings were initiated on a complaint by respondent No.2, K.G. Kalappa, under Section 30 of the Protection of Human Rights Act, 1993, alleging offences under Sections 166, 504 and 506 IPC against the petitioner and other police personnel. The complaint alleged that respondent No.2 was in possession of certain lands granted by the Government, and that the petitioner and others, acting as police officers, had interfered with his possession and threatened him. The petitioner contended that the acts alleged were done in discharge of official duty and that no sanction under Section 197 Cr.P.C. had been obtained, making the cognizance illegal. The court examined the complaint and found that the allegations related to acts performed by the petitioner as a police officer in the course of his duty. The court held that Section 197 Cr.P.C. mandates prior sanction for prosecution of a public servant for acts done in official capacity, and the Protection of Human Rights Act does not override this requirement. Since no sanction was obtained, the proceedings were quashed.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 Cr.P.C. - Mandatory Sanction - Prosecution of a public servant for acts done in discharge of official duty requires prior sanction under Section 197 Cr.P.C. - The court held that the complaint under the Protection of Human Rights Act, 1993 does not dispense with the requirement of sanction, and taking cognizance without sanction is illegal (Paras 5-7). B) Criminal Procedure Code - Inherent Powers - Section 482 Cr.P.C. - Quashing of Proceedings - Where cognizance of an offence is taken without mandatory sanction under Section 197 Cr.P.C., the proceedings are liable to be quashed under Section 482 Cr.P.C. - The court quashed the proceedings in PCR No.7/2014 against the petitioner (Paras 7-8).
Issue of Consideration
Whether the proceedings initiated against the petitioner, a police officer, for offences under Sections 166, 504 and 506 IPC can be quashed for want of sanction under Section 197 Cr.P.C.
Final Decision
The petition is allowed. The proceedings in PCR No.7/2014 (PHR No.2/2012) on the file of the Prl. Sessions Judge, Kodagu at Madikeri are quashed as against the petitioner.
Law Points
- Sanction under Section 197 Cr.P.C. is mandatory for prosecution of public servants for acts done in discharge of official duty
- Section 482 Cr.P.C. can be invoked to quash proceedings when cognizance is taken without mandatory sanction
- Protection of Human Rights Act
- 1993 does not override requirement of sanction under Cr.P.C.
