SHRI S.K. ZUTSHI AND ANR. versus SHRI BIMAL DEBNATH AND ANR.

SHRI S.K. ZUTSHI AND ANR. versus SHRI BIMAL DEBNATH AND ANR.

Section 197 CrPC does not get immediately attracted on institution of complaint; on facts, the claimed acts are not shown to have been committed in discharge of official duty, so no interference or protection is justified.

Parties
Appellant: S.K. Zutshi and another; Respondent: Bimal Debnath and another
Jurisdiction
India
Judgment Date
10 August 2004
Procedural Posture
Criminal Appeal / Appeal From Additional District and Sessions Judge, Belonia, South Tripura, in Criminal Revision No. 29(4) of 1997
Outcome
Appeal dismissed
Legal Topics
Protection of Public Servants, Section 197 Cr PC, Sanction for Prosecution, Official Duty
Criminal Law Protection of Public Servants Section 197 Cr PC Sanction for Prosecution Official Duty

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Parties

S.K. Zutshi and another

Appellant

Bimal Debnath and another

Respondent

Procedural Posture

Criminal Appeal / Appeal From Additional District and Sessions Judge, Belonia, South Tripura, in Criminal Revision No. 29(4) of 1997

Legal Issues

  1. 1 Whether Section 197 of the Code of Criminal Procedure applies to the prosecution of Border Security Force personnel accused of offences allegedly committed in the discharge of official duty.

Ratio Decidendi

Section 197 CrPC does not get immediately attracted on institution of complaint; on facts, the claimed acts are not shown to have been committed in discharge of official duty, so no interference or protection is justified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed as no case for interference made out.
  • Plea for transfer under Section 475 CrPC denied; issue already finally decided.