BALBIR SINGH DELHI ADMN. DELHI versus D.N. KADIAN, M.M. DELHI & ANR.

BALBIR SINGH DELHI ADMN. DELHI versus D.N. KADIAN, M.M. DELHI & ANR.

Prior sanction under Section 197(3) Cr.P.C. is required only when the alleged offence has been committed while acting or purporting to act in discharge of official duty. Tampering of Search Memos while they were in Court custody was not done in discharge of official duty; therefore, prior sanction was not necessary.

Parties
Appellant: Balbir Singh; Appellant: Ram Shankar; Respondent: D.N. Kadian; Respondent: M.M. Delhi
Jurisdiction
India
Judgment Date
10 December 1985
Procedural Posture
Criminal Appeal / Judgment
Outcome
Criminal Appeal 844/85 dismissed; Criminal Appeal 845/85 partly allowed.
Legal Topics
Prior Sanction Under S.197(3) Cr.p.c., Prosecution of Delhi Police Members
Criminal Law Prior Sanction Under S.197(3) Cr.p.c. Prosecution of Delhi Police Members

Case Brief

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Parties

Balbir Singh

Appellant

Ram Shankar

Appellant

D.N. Kadian

Respondent

M.M. Delhi

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether prosecution of members of Delhi Police Force requires prior sanction under s. 197(3) Cr.P.C. and if so, when.

Ratio Decidendi

Prior sanction under Section 197(3) Cr.P.C. is required only when the alleged offence has been committed while acting or purporting to act in discharge of official duty. Tampering of Search Memos while they were in Court custody was not done in discharge of official duty; therefore, prior sanction was not necessary.

Court Disposition

Criminal Appeal 844/85 dismissed; Criminal Appeal 845/85 partly allowed.

Orders

  • Judgment and Order of the High Court declaring the notification dated 7th April 1980 issued by the Lt. Governor of Delhi ultra vires is set aside.
  • Learned Magistrate is directed to proceed with the case in accordance with law.