B. SAHA AND ORS. versus M. S. KOCHAR

B. SAHA AND ORS. versus M. S. KOCHAR

On the facts of the present case, the alleged act of criminal misappropriation was not committed by the appellants while acting or purporting to act in the discharge of their official duty, as there was no direct connection or inseparable link between the offence and their official duties. Therefore, sanction of the appropriate government under Section 197 Cr.P.C. was not necessary for their prosecution under Sections 409/120B IPC.

Parties
Appellants: B. Saha and Others; Respondent: M. S. Kochar
Jurisdiction
India
Judgment Date
27 July 1979
Procedural Posture
Criminal Appeal by Special Leave / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Sanction for Prosecution of Public Servants, Criminal Breach of Trust, Interpretation of Section 197 Cr.p.c.
Criminal Law Criminal Procedure Sanction for Prosecution of Public Servants Criminal Breach of Trust Interpretation of Section 197 Cr.p.c.

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

B. Saha and Others

Appellants

M. S. Kochar

Respondent

Procedural Posture

Criminal Appeal by Special Leave / Final Judgment on Appeal

Legal Issues

  1. 1 Whether sanction under Section 197, Criminal Procedure Code, is required for prosecuting public servants for alleged offences under Sections 409/120B IPC when such acts pertain to misappropriation committed after entrusted goods were seized in their official capacity.

Ratio Decidendi

On the facts of the present case, the alleged act of criminal misappropriation was not committed by the appellants while acting or purporting to act in the discharge of their official duty, as there was no direct connection or inseparable link between the offence and their official duties. Therefore, sanction of the appropriate government under Section 197 Cr.P.C. was not necessary for their prosecution under Sections 409/120B IPC.

Court Disposition

Appeal dismissed

Orders

  • No sanction under Section 197 Cr.P.C. is required for prosecution of the appellants for alleged offences under Sections 409/120B IPC.
  • Appeal by appellants is dismissed.