PUNJAB STATE WAREHOUSING CORP. versus BHUSHAN CHANDER & ANR.

PUNJAB STATE WAREHOUSING CORP. versus BHUSHAN CHANDER & ANR.

Sanction under Section 197 CrPC was not required since the alleged acts of criminal breach of trust and forgery are not reasonably connected with discharge of official duty; therefore, the High Court erred in setting aside the conviction and sentence on the ground of absence of sanction.

Parties
Appellant: Punjab State Warehousing Corporation; Respondent: Bhushan Chander; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
29 June 2016
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Sanction for Prosecution, Criminal Breach of Trust, Forgery, Misappropriation
Criminal Law Public Service Law Sanction for Prosecution Criminal Breach of Trust Forgery Misappropriation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 33 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Punjab State Warehousing Corporation

Appellant

Bhushan Chander

Respondent

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court Order

Legal Issues

  1. 1 Whether sanction under Section 197 of CrPC is required for prosecution of a public servant for offences under Sections 409, 467, 468, 471 IPC
  2. 2 Whether the alleged acts were committed in discharge of official duty warranting Section 197's protection

Ratio Decidendi

Sanction under Section 197 CrPC was not required since the alleged acts of criminal breach of trust and forgery are not reasonably connected with discharge of official duty; therefore, the High Court erred in setting aside the conviction and sentence on the ground of absence of sanction.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court setting aside conviction and sentence reversed
  • High Court directed to decide the revision petition in accordance with law