N.K. OGLE versus SANWALDAS @ SANWALMAL AHUJA

N.K. OGLE versus SANWALDAS @ SANWALMAL AHUJA

The act of the Tehsildar in seizing the respondent's scooter was in discharge of his official duty on the basis of Collector's order under M.P. Land Revenue Code, and therefore, no court can take cognizance of the complaint without prior sanction under Section 197 CrPC.

Parties
Appellant: N.K. Ogle; Respondent: Sanwaldas @ Sanwalmal Ahuja
Jurisdiction
India
Judgment Date
18 March 1999
Procedural Posture
Criminal Appeal / Appeal From Order of the Madhya Pradesh High Court in M.crl.c. No. 2128 of 1990
Outcome
Appeal allowed
Legal Topics
Immunity of Public Servants, Cognizance of Offences, Sanction Under Section 197 Cr PC, Official Duty, Indian Penal Code Section 379, Attachment Proceedings Under Land Revenue Code
Criminal Law Immunity of Public Servants Cognizance of Offences Sanction Under Section 197 Cr PC Official Duty Indian Penal Code Section 379 Attachment Proceedings Under Land Revenue Code

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Parties

N.K. Ogle

Appellant

Sanwaldas @ Sanwalmal Ahuja

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order of the Madhya Pradesh High Court in M.crl.c. No. 2128 of 1990

Legal Issues

  1. 1 Whether acts of Tehsildar complained of in the Section 379 IPC complaint are protected under Section 197 CrPC as being in discharge of official duty
  2. 2 Whether High Court was correct in examining legality of Collector's order of attachment to deny immunity under Section 197 CrPC

Ratio Decidendi

The act of the Tehsildar in seizing the respondent's scooter was in discharge of his official duty on the basis of Collector's order under M.P. Land Revenue Code, and therefore, no court can take cognizance of the complaint without prior sanction under Section 197 CrPC.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Order of Sessions Judge affirmed