ABDUL WAHAB ANSARI versus STATE OF BIHAR AND ANR.

ABDUL WAHAB ANSARI versus STATE OF BIHAR AND ANR.

Previous sanction under Section 197 CrPC is a jurisdictional requirement and can be raised at any stage, not only at the framing of charge; the alleged act of ordering firing to control a mob was performed in discharge of official duty and thus Section 197 applies, rendering cognizance without sanction invalid.

Parties
Appellant: Abdul Wahab Ansari; Respondent: State of Bihar; Complainant Respondent: Respondent No. 2 (son of deceased)
Jurisdiction
India
Judgment Date
17 October 2000
Procedural Posture
Criminal Appeal / Appeal From Patna High Court Decision in Crl. M. No. 18954 of 1995
Outcome
Appeal allowed
Legal Topics
Section 197 Cr PC, Sanction for Prosecution of Public Servant, Discharge of Official Duty, Jurisdiction of Magistrate
Criminal Law Public Law Section 197 Cr PC Sanction for Prosecution of Public Servant Discharge of Official Duty Jurisdiction of Magistrate

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Parties

Abdul Wahab Ansari

Appellant

State of Bihar

Respondent

Respondent No. 2 (son of deceased)

Complainant Respondent

Procedural Posture

Criminal Appeal / Appeal From Patna High Court Decision in Crl. M. No. 18954 of 1995

Legal Issues

  1. 1 At what stage can the plea regarding previous sanction under Section 197 CrPC be raised?
  2. 2 Whether the alleged act was performed in discharge of official duty attracting Section 197 CrPC?

Ratio Decidendi

Previous sanction under Section 197 CrPC is a jurisdictional requirement and can be raised at any stage, not only at the framing of charge; the alleged act of ordering firing to control a mob was performed in discharge of official duty and thus Section 197 applies, rendering cognizance without sanction invalid.

Court Disposition

Appeal allowed

Orders

  • Criminal proceedings quashed qua the appellant