AIROnline 2025 SC 103

Supreme Court Of India

(From : AIROnline 2022 ALL 1588)

Hon'ble Judge(s): B. V. Nagarathna, Satish Chandra Sharma , JJ

Criminal P.C. (2 of 1974) , S.482, S.197— Quashing of summoning order - Absence of sanction for prosecution - Complainant had alleged that accused had filed counter affidavit before tribunal on her behalf without her consent - Accused had filed counter affidavit and interacted with complainant in her capacity of Presiding Officer, ICC - Accused was acting in discharge of her official duties - Plea regarding deemed sanction was not tenable - In the absence of such principle being statutorily incorporated, Court cannot read such a mandate into the statute - Also, eventually sanction was refused - Magistrate erred in proceeding to take cognizance against accused without sanction for prosecution - Summoning order was quashed. AIROnline 2022 ALL 1588-ReversedAIR 1998 SC 889-DistinguishedAIR 2012 SC 1185-Distinguished (Para 29 30 32)