OM KR. DHANKAR versus STATE OF HARYANA & ANR.

OM KR. DHANKAR versus STATE OF HARYANA & ANR.

Sanction under Section 197 CrPC is not required for prosecution for offences under Sections 420, 406, and 161 IPC as these offences are not committed by a public servant while acting or purporting to act in discharge of official duty.

Parties
Appellant: OM KR. DHANKAR; Respondent: STATE OF HARYANA; Respondent: ANR.
Jurisdiction
India
Judgment Date
28 February 2012
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Affirming Additional Sessions Judge's Decision Quashing Magistrate's Summoning Order
Outcome
Appeal allowed
Legal Topics
Revision of Summoning Order, Sanction for Prosecution of Public Servant, Sections 420, 406, 161 IPC, Section 197 Cr PC
Criminal Law Revision of Summoning Order Sanction for Prosecution of Public Servant Sections 420, 406, 161 IPC Section 197 Cr PC

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Parties

OM KR. DHANKAR

Appellant

STATE OF HARYANA

Respondent

ANR.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Affirming Additional Sessions Judge's Decision Quashing Magistrate's Summoning Order

Legal Issues

  1. 1 Whether criminal revision against the order of summoning is maintainable
  2. 2 Whether sanction under Section 197 CrPC was required for prosecution for offences under Sections 420, 406, and 161 IPC

Ratio Decidendi

Sanction under Section 197 CrPC is not required for prosecution for offences under Sections 420, 406, and 161 IPC as these offences are not committed by a public servant while acting or purporting to act in discharge of official duty.

Court Disposition

Appeal allowed

Orders

  • Orders of High Court and Additional Sessions Judge set aside
  • Order of Judicial Magistrate in the criminal complaint restored