OM PRAKASH YADAV versus NIRANJAN KUMAR UPADHYAY & ORS.

OM PRAKASH YADAV versus NIRANJAN KUMAR UPADHYAY & ORS.

On the materials before the Court, the High Court erred in quashing the proceedings for want of sanction under Section 197 CrPC; where a police official is alleged to have lodged a bogus FIR and fabricated evidence there is no reasonable nexus with official duty so as to attract Section 197; respondent no.1 was not posted at the Murar Police Station at the relevant time and thus sanction was not required as to him; as to respondent nos.3,4,5, if prosecution proves they registered a false case they cannot claim protection under Section 197, but the defence must be given opportunity to rebut; therefore CJM, Firozabad properly took cognizance and the trial should proceed, with the question...

Parties
Appellant: Om Prakash Yadav; Respondent(s): Niranjan Kumar Upadhyay & Ors.
Jurisdiction
India
Judgment Date
13 December 2024
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings; Decided by Supreme Court Judgment Dated 13 December 2024
Outcome
Appeals allowed; impugned High Court order quashing proceedings set aside
Legal Topics
Section 197 Cr PC, Sanction for Prosecution, Bogus FIR, Quashing of Proceedings, Cognizance by Magistrate, Acting or Purporting to Act in Discharge of Official Duty, Police Misconduct, Conspiracy
Criminal Procedure Criminal Law Administrative / Public Service Law Section 197 Cr PC Sanction for Prosecution Bogus FIR Quashing of Proceedings Cognizance by Magistrate +3 more

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Parties

Om Prakash Yadav

Appellant

Niranjan Kumar Upadhyay & Ors.

Respondent(s)

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Quashing Criminal Proceedings; Decided by Supreme Court Judgment Dated 13 December 2024

Legal Issues

  1. 1 Whether CJM, Firozabad could take cognizance of charge sheets against respondents in absence of prior sanction under Section 197 CrPC
  2. 2 Whether the acts alleged (lodging an FIR / creating an alibi) were done while acting or purporting to act in discharge of official duty attracting Section 197 CrPC

Ratio Decidendi

On the materials before the Court, the High Court erred in quashing the proceedings for want of sanction under Section 197 CrPC; where a police official is alleged to have lodged a bogus FIR and fabricated evidence there is no reasonable nexus with official duty so as to attract Section 197; respondent no.1 was not posted at the Murar Police Station at the relevant time and thus sanction was not required as to him; as to respondent nos.3,4,5, if prosecution proves they registered a false case they cannot claim protection under Section 197, but the defence must be given opportunity to rebut; therefore CJM, Firozabad properly took cognizance and the trial should proceed, with the question...

Court Disposition

Appeals allowed; impugned High Court order quashing proceedings set aside

Orders

  • Impugned judgment and order of the High Court dated 19.04.2018 set aside
  • Criminal proceedings in Case Nos. 67 of 2008 and 67A of 2009 to proceed before CJM, Firozabad