AIR 1998 SUPREME COURT 1524 ::1998 AIR SCW 544 ::1998 CriAppR(SC) 66 ::1998 UP CriR 190 ::(1998) 1 CurCriR 121 ::(1998) 22 AllCriR 346 ::(1998) Mad LJ(Cri) 353 ::1998 SCC(Cri) 1 ::1998 (1) SCC 205 ::1998 (1) RecCriR 165 ::(1997) 7 Scale 282 ::1998 (1) AndhLT(Cri) 85 SC ::(1998) 1 AndhLT(Cri) 85 ::1998 (1) AllCriLR 68 ::1998 (1) EastCriC 461 ::1998 (1) RajLW 87 ::(1997) 4 Crimes 314 ::1997 (10) Supreme 101 ::1998 (36) AllCriC 139

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): G. N. Ray, G. B. Patnaik , JJ

Criminal P.C. (2 of 1974) , S.197(1)— Sanction for prosecution - Issuance of process by Magistrate for appearance of accused on being satisfied that there is sufficient ground for proceeding - Plea by accused before Magistrate that offence was committed by him in discharge of official duty and that Court had no power to take cognizance in absence of previous sanction of Government - Accused can produce relevant material to establish necessary ingredients for invoking S. 197 (1). When a Magistrate on the basis of a complaint issued process for appearance of the accused on being satisfied that there is sufficient ground for proceeding and the accused appears before the Magistrate and takes the plea that the offence alleged to have been committed by him was in the discharged of his official duty and further that he was not removable from his office save by or with the sanction of the Government and consequently the Court has no power to take @page-SC1525 cognizance except with the previous sanction of the Government as required under sub-section (1) of Section 197 of Criminal P. C. the accused can produce relevant material to establish the necessary ingredients for invoking Section 197(1) of the Code. In such a case it would be unreasonable to hold that accused even though might have really acted in discharged of his....