BHAGWAN PRASAD SRIVASTAVA versus N. P. MISRA

BHAGWAN PRASAD SRIVASTAVA versus N. P. MISRA

The acts of using defamatory and abusive language and ordering the cook to forcibly turn out the complainant were not shown to be part of the appellant’s official duty or directly connected with the performance of his official duty as Civil Surgeon; hence section 197 Cr.P.C. was not attracted and no sanction was necessary.

Parties
Appellant: Bhagwan Prasad Srivastava; Respondent: N. P. Misra
Jurisdiction
India
Judgment Date
20 April 1970
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 21, 1967 of the Patna High Court in Criminal Revision No. 546 of 1965
Outcome
Appeal dismissed
Legal Topics
Protection of Public Servants, Sanction for Prosecution, Official Duty
Criminal Law Public Service Law Protection of Public Servants Sanction for Prosecution Official Duty

Case Brief

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Parties

Bhagwan Prasad Srivastava

Appellant

N. P. Misra

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 21, 1967 of the Patna High Court in Criminal Revision No. 546 of 1965

Legal Issues

  1. 1 Whether previous sanction under s. 197 Cr.P.C. was necessary for taking cognizance of the complaint against a public servant.

Ratio Decidendi

The acts of using defamatory and abusive language and ordering the cook to forcibly turn out the complainant were not shown to be part of the appellant’s official duty or directly connected with the performance of his official duty as Civil Surgeon; hence section 197 Cr.P.C. was not attracted and no sanction was necessary.

Court Disposition

Appeal dismissed

Orders

  • No previous sanction under section 197 Cr.P.C. was required; case not covered by section 197 Cr.P.C.