K. CH. PRASAD versus SMT. J.VANALATHA DEVI AND ORS.

K. CH. PRASAD versus SMT. J.VANALATHA DEVI AND ORS.

Section 197 CrPC is attracted only where the public servant cannot be removed from office except by or with the sanction of the government. As the appellant is removable by a competent authority other than the government, Section 197 does not apply even if he is a public servant.

Parties
Appellant: K. CH. PRASAD; Respondents: SMT. J. VANALATHA DEVI AND ORS.
Jurisdiction
India
Judgment Date
10 February 1987
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal and Judgment
Outcome
Appeal dismissed
Legal Topics
Sanction for Prosecution, Public Servant, Nationalised Banks, Section 197 Cr PC
Criminal Law Sanction for Prosecution Public Servant Nationalised Banks Section 197 Cr PC

Case Brief

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Parties

K. CH. PRASAD

Appellant

SMT. J. VANALATHA DEVI AND ORS.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal and Judgment

Legal Issues

  1. 1 Whether sanction under Section 197 CrPC is necessary for prosecution of an officer of a nationalised bank for offences under IPC

Ratio Decidendi

Section 197 CrPC is attracted only where the public servant cannot be removed from office except by or with the sanction of the government. As the appellant is removable by a competent authority other than the government, Section 197 does not apply even if he is a public servant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed