SAMARENDRA NATH KUNDU & ANR. versus SADHANA DAS & ANR.

SAMARENDRA NATH KUNDU & ANR. versus SADHANA DAS & ANR.

Because the appellants were subordinate rank police officers who, at the time cognizance was taken in 2001, were not officers removable only with the sanction of the Government, Section 197(1) protection did not apply to them; further, the notifications of 19.11.2010 made under Section 197(3) cannot retroactively bar cognizance already validly taken, hence the appellants were not entitled to the protection of Section 197 and the appeal was dismissed.

Parties
Appellant(s): Samarendra Nath Kundu & Anr.; Respondent(s): Sadhana Das & Anr.
Jurisdiction
India
Judgment Date
01 April 2026
Procedural Posture
Criminal Appeal No. 654 of 2013 / Appeal From the Judgment and Order Dated 02.05.2012 of the High Court at Calcutta in CRRA No. 874 of 2008
Outcome
Appeal dismissed
Legal Topics
Section 197 Cr PC, Sanction for Prosecution, Cognizance, Public Servant, Notifications Under Section 197(3) Cr PC, Post Cognizance Sanction
Criminal Procedure Criminal Law Section 197 Cr PC Sanction for Prosecution Cognizance Public Servant Notifications Under Section 197(3) Cr PC Post Cognizance Sanction

Case Brief

Summary, issues, holding and outcome

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Parties

Samarendra Nath Kundu & Anr.

Appellant(s)

Sadhana Das & Anr.

Respondent(s)

Procedural Posture

Criminal Appeal No. 654 of 2013 / Appeal From the Judgment and Order Dated 02.05.2012 of the High Court at Calcutta in CRRA No. 874 of 2008

Legal Issues

  1. 1 Whether the appellants, who are co-accused, are entitled to the benefit of this Court’s decision in the matter of co-accused Sankaran Moitra
  2. 2 Whether the benefit of notification dated 19.11.2010 would be available to the appellants

Ratio Decidendi

Because the appellants were subordinate rank police officers who, at the time cognizance was taken in 2001, were not officers removable only with the sanction of the Government, Section 197(1) protection did not apply to them; further, the notifications of 19.11.2010 made under Section 197(3) cannot retroactively bar cognizance already validly taken, hence the appellants were not entitled to the protection of Section 197 and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • The interim order, if any, stands discharged