G N Shaikh (nnnnnnnnnnnnn) 01 November 2015

To file a criminal case against public servent

To file a criminal case against public servant as per law we need government permission and government delay permission years n years or sometimes avoid. Due to this reason last 1 -2 years back Hon'ble Supreme court passed an order or judgment mentioning that the maximum limit is only 4 months from seeking permission from government. If government not replied within 4 months complainant can file a criminal suit against public servant which will be tenable. Can I get some advice regarding SC’s above order like citation, amendment etc. I will be thankful.

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(Guest)

i have a case law called vineet narain vs union of india that issued a guideline specifying time limit for prosecution of public servant. follow the link: https://indiankanoon.org/doc/1203995/

go to 1(15) of para number 58. there you get the time limit. it is 3 months in general and 4 month for people like attorney general or any law officer of his office.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 November 2015

the public servants can face prosecution without prior sanction of the appropriate authorities as all their acts in the purported discharge of the official duties cannot be brought under the protective umbrella of section 197 of the Criminal Procedure Code.