N.K. SHARMA versus ABHIMANYU

N.K. SHARMA versus ABHIMANYU

The appellant, as Managing Director of a Cooperative Society, does not qualify as a public servant under Section 21 of IPC, Rule 2(D) Haryana Civil Services Rules, or Section 123 Haryana Cooperative Societies Act, as his salary was not paid by Government, he was not in the service of the State, and was not engaged in recovery of loans or appointed as liquidator/arbitrator; thus, Section 197 Cr.P.C. sanction is not required; applications seeking dismissal of complaint on this ground are not maintainable before subordinate criminal courts.

Parties
Appellant: N.K. Sharma; Respondent: Abhimanyu
Jurisdiction
India
Judgment Date
07 October 2005
Procedural Posture
Criminal Appeal / Appeal From Order of Punjab and Haryana High Court Dismissing Application Under Section 482 Cr.p.c.
Outcome
Appeal dismissed.
Legal Topics
Sanction for Prosecution, Definition of Public Servant, Protection Under Section 197 Cr.p.c., Application of Haryana Civil Services (punishment or Appeal) Rules, 1987, Application of Haryana Cooperative Societies Act, 1984
Criminal Law Service Law Sanction for Prosecution Definition of Public Servant Protection Under Section 197 Cr.p.c. Application of Haryana Civil Services (punishment or Appeal) Rules, 1987 Application of Haryana Cooperative Societies Act, 1984

Case Brief

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Parties

N.K. Sharma

Appellant

Abhimanyu

Respondent

Procedural Posture

Criminal Appeal / Appeal From Order of Punjab and Haryana High Court Dismissing Application Under Section 482 Cr.p.c.

Legal Issues

  1. 1 Whether a Class I officer of the State Government deputed as Managing Director of a Cooperative Society is entitled to protection under Section 197 of the Code of Criminal Procedure
  2. 2 Whether the appellant qualifies as a public servant under Section 21 of IPC, Rule 2(D) of Haryana Civil Services Rules, or Section 123 of Haryana Cooperative Societies Act
  3. 3 Maintainability of application seeking dismissal for want of sanction before subordinate criminal courts

Ratio Decidendi

The appellant, as Managing Director of a Cooperative Society, does not qualify as a public servant under Section 21 of IPC, Rule 2(D) Haryana Civil Services Rules, or Section 123 Haryana Cooperative Societies Act, as his salary was not paid by Government, he was not in the service of the State, and was not engaged in recovery of loans or appointed as liquidator/arbitrator; thus, Section 197 Cr.P.C. sanction is not required; applications seeking dismissal of complaint on this ground are not maintainable before subordinate criminal courts.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • The appellant is at liberty to raise other contentions in appropriate proceedings.