D. DEVARAJA versus OWAIS SABEER HUSSAIN

D. DEVARAJA versus OWAIS SABEER HUSSAIN

Where a complaint alleges acts by a police officer that are reasonably connected with the discharge of official duty or are done under colour of duty, prior sanction under Section 197 Cr.P.C. read with Section 170 of the Karnataka Police Act, 1963 is a legal requirement and cognizance cannot be taken in its absence; the High Court erred in remitting the matter instead of exercising its power under Section 482 Cr.P.C. to quash the complaint which was ex facie governed by the sanction requirement.

Parties
Appellant: D. Devaraja; Respondent: Owais Sabeer Hussain
Jurisdiction
India
Judgment Date
18 June 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Sanction for Prosecution Under Section 197 Cr.p.c., Scope of Section 170 Karnataka Police Act, 1963, Exercise of Inherent Powers Under Section 482 Cr.p.c., Quashing of Proceedings for Want of Sanction, Abuse of Process
Criminal Procedure Police Law Sanction for Prosecution Under Section 197 Cr.p.c. Scope of Section 170 Karnataka Police Act, 1963 Exercise of Inherent Powers Under Section 482 Cr.p.c. Quashing of Proceedings for Want of Sanction Abuse of Process

Case Brief

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Parties

D. Devaraja

Appellant

Owais Sabeer Hussain

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether sanction under Section 197 Cr.P.C. read with Section 170 of the Karnataka Police Act, 1963 was required before taking cognizance of the complaint against a police officer
  2. 2 Whether the High Court should have quashed the Magistrate’s order taking cognizance in absence of sanction instead of remitting the matter
  3. 3 Scope and applicability of Section 482 Cr.P.C. to quash proceedings ex facie bad for want of sanction

Ratio Decidendi

Where a complaint alleges acts by a police officer that are reasonably connected with the discharge of official duty or are done under colour of duty, prior sanction under Section 197 Cr.P.C. read with Section 170 of the Karnataka Police Act, 1963 is a legal requirement and cognizance cannot be taken in its absence; the High Court erred in remitting the matter instead of exercising its power under Section 482 Cr.P.C. to quash the complaint which was ex facie governed by the sanction requirement.

Court Disposition

Appeal allowed

Orders

  • The judgment and order under appeal is set aside
  • The private complaint (P.C.R. No.17214 of 2013) is quashed for want of sanction under Section 197 Cr.P.C. read with Section 170 of the Karnataka Police Act, 1963