PUKHRAJ versus STATE OF RAJASTHAN & ANR.

PUKHRAJ versus STATE OF RAJASTHAN & ANR.

On the facts alleged in the complaint, the acts of kicking and abusing cannot be said to have been done in purported exercise of official duty by the respondent. Accordingly, sanction under Section 197 Cr.P.C. is not required at this stage.

Parties
Appellant: Pukhraj; Respondent No. 1: State of Rajasthan; Respondent No. 2: Post Master General, Rajasthan (Respondent No. 2)
Jurisdiction
India
Judgment Date
29 August 1973
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Rajasthan High Court Order Allowing Criminal Revision and Setting Aside Magistrate's Order
Outcome
Appeal allowed
Legal Topics
Section 197 Cr.p.c.—sanction for Prosecution, Acts Purportedly Done in Discharge of Official Duty, Requirement of Prior Government Sanction for Public Servant Prosecution
Criminal Law Public Service Law Section 197 Cr.p.c.—sanction for Prosecution Acts Purportedly Done in Discharge of Official Duty Requirement of Prior Government Sanction for Public Servant Prosecution

Case Brief

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Parties

Pukhraj

Appellant

State of Rajasthan

Respondent No. 1

Post Master General, Rajasthan (Respondent No. 2)

Respondent No. 2

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Rajasthan High Court Order Allowing Criminal Revision and Setting Aside Magistrate's Order

Legal Issues

  1. 1 Whether the acts alleged in the complaint (kicking and abusing) were done in purported exercise of official duty so as to require sanction under Section 197 Cr.P.C.

Ratio Decidendi

On the facts alleged in the complaint, the acts of kicking and abusing cannot be said to have been done in purported exercise of official duty by the respondent. Accordingly, sanction under Section 197 Cr.P.C. is not required at this stage.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court is set aside.