BAKHSHISH SINGH BRAR versus SMT. GURMEJ KAUR AND ANR.

BAKHSHISH SINGH BRAR versus SMT. GURMEJ KAUR AND ANR.

Criminal trials against public servants should not be stayed at the preliminary stage for want of sanction. Whether acts complained of are in discharge of official duty and require sanction under section 197 CrPC may be determined after evidentiary proceedings have commenced.

Parties
Petitioner: Bakhshish Singh Brar; Respondent: Smt. Gurmej Kaur; Alleged Victim: Ajit Singh (deceased)
Jurisdiction
India
Judgment Date
12 October 1987
Procedural Posture
Special Leave Petition (criminal) / Dismissal of Petition Seeking Stay of Criminal Trial for Want of Sanction Under Cr PC S.197
Outcome
Petition dismissed
Legal Topics
Protection of Public Servants, Sanction for Prosecution, Scope of Official Duties, Balancing Public Servant Immunity and Citizen Rights
Criminal Law Administrative Law Protection of Public Servants Sanction for Prosecution Scope of Official Duties Balancing Public Servant Immunity and Citizen Rights

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Parties

Bakhshish Singh Brar

Petitioner

Smt. Gurmej Kaur

Respondent

Ajit Singh (deceased)

Alleged Victim

Procedural Posture

Special Leave Petition (criminal) / Dismissal of Petition Seeking Stay of Criminal Trial for Want of Sanction Under Cr PC S.197

Legal Issues

  1. 1 Whether criminal proceedings against a public servant can be continued without sanction under section 197 of CrPC
  2. 2 Whether the acts complained of are in discharge of official duty

Ratio Decidendi

Criminal trials against public servants should not be stayed at the preliminary stage for want of sanction. Whether acts complained of are in discharge of official duty and require sanction under section 197 CrPC may be determined after evidentiary proceedings have commenced.

Court Disposition

Petition dismissed

Orders

  • Trial should proceed as expeditiously as possible.
  • Question of sanction under section 197 of CrPC may be agitated after some evidence has been noted.