ROMESH LAL JAIN versus NAGINDER SINGH RANA AND ORS.

ROMESH LAL JAIN versus NAGINDER SINGH RANA AND ORS.

Sanction for prosecution under Section 197 Cr.P.C. is not required from the State Government for prosecution of the respondent police officer for offences attributable to discharge of duties unless they have a direct nexus with official duty. The Deputy Inspector General of Police was competent to grant sanction...

Source-derived case information.

Parties
Appellant: Romesh Lal Jain; Respondent: Naginder Singh Rana
Jurisdiction
India
Judgment Date
28 October 2005
Procedural Posture
Criminal Appeal / Appeal From Punjab and Haryana High Court Judgment Dated 6.5.2002
Outcome
Appeal allowed; impugned order of High Court set aside.
Legal Topics
Sanction for Prosecution, Public Servants, Prevention of Corruption Act, Code of Criminal Procedure
Criminal Law Anti Corruption Law Sanction for Prosecution Public Servants Prevention of Corruption Act Code of Criminal Procedure

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Parties

Romesh Lal Jain

Appellant

Naginder Singh Rana

Respondent

Procedural Posture

Criminal Appeal / Appeal From Punjab and Haryana High Court Judgment Dated 6.5.2002

Legal Issues

  1. 1 Whether sanction for prosecution under Section 197 Cr.P.C. is required from the State Government for prosecuting a police officer for offences under IPC and the Prevention of Corruption Act, 1988.
  2. 2 Whether sanction granted by the Deputy Inspector General of Police is valid for prosecution under Section 13(2) of the Prevention of Corruption Act, 1988.

Ratio Decidendi

Sanction for prosecution under Section 197 Cr.P.C. is not required from the State Government for prosecution of the respondent police officer for offences attributable to discharge of duties unless they have a direct nexus with official duty. The Deputy Inspector General of Police was competent to grant sanction under Section 13(2) of the Prevention of Corruption Act, 1988. The order of the High Court quashing cognizance without sanction is set aside.

Court Disposition

Appeal allowed; impugned order of High Court set aside.

Orders

  • No order of sanction required under Section 197 Cr.P.C. from the State for prosecution.
  • Valid order of sanction granted by Deputy Inspector General of Police under Prevention of Corruption Act, 1988.