STATE OF BIHAR versus KAMLA PRASAD SINGH AND ORS.

STATE OF BIHAR versus KAMLA PRASAD SINGH AND ORS.

No cognizance of offences alleged to have been committed by respondents 2 to 4 could be taken without a proper sanction of the Government, as the acts alleged were committed while discharging their official duty and there is no credible material to show the alleged abuse or assault or misappropriation.

Parties
Appellant: State of Bihar; Respondent No. 1: Kamla Prasad Singh; Respondent No. 2: Respondent No. 2; Respondent No. 3: Respondent No. 3; Respondent No. 4: Respondent No. 4
Jurisdiction
India
Judgment Date
06 May 1998
Procedural Posture
Criminal Appeal / Final Supreme Court Judgment on Appeal From Patna High Court
Outcome
Appeal allowed; High Court judgment and Magistrate's order set aside.
Legal Topics
Prosecution of Police Officials, Sanction for Prosecution, Cognizance by Magistrate, Scope of Section 197 Cr PC
Criminal Law Criminal Procedure Prosecution of Police Officials Sanction for Prosecution Cognizance by Magistrate Scope of Section 197 Cr PC

Case Brief

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Parties

State of Bihar

Appellant

Kamla Prasad Singh

Respondent No. 1

Respondent No. 2

Respondent No. 2

Respondent No. 3

Respondent No. 3

Respondent No. 4

Respondent No. 4

Procedural Posture

Criminal Appeal / Final Supreme Court Judgment on Appeal From Patna High Court

Legal Issues

  1. 1 Whether sanction under Section 197 CrPC is required for prosecuting police officials for alleged offences committed while discharging official duty
  2. 2 Whether the Magistrate should rely only on complaint allegations or also consider evidence collected in inquiry under Section 202 CrPC

Ratio Decidendi

No cognizance of offences alleged to have been committed by respondents 2 to 4 could be taken without a proper sanction of the Government, as the acts alleged were committed while discharging their official duty and there is no credible material to show the alleged abuse or assault or misappropriation.

Court Disposition

Appeal allowed; High Court judgment and Magistrate's order set aside.

Orders

  • Judgment and order of the Patna High Court set aside.
  • Order of Magistrate dated 22.8.1987 set aside.