Sec 197 of Cr.P.C.

A person who is govt., employee working on deputation in a co-oprative society, he is not a govt., employee.

AIR 2005 SC 4303

Criminal case was initiated against the person who is govt., employee, he challegned it on the ground that no sanction in terms of sec., 197 Cr.P.C. having been obtained, the entire proceeding was vitiated in law.  Taking these grounds applicant had moved an application before the Magistrate. According to the him the letter was issued by him in his official capacity.  and the letter was procured by some other persons who were no way concerned to him.

Magistrate dimissed the application.  Against the order u/s 482 Cr.P.C. sought for the quashing of the order of the Lower Court, but High court held that as the appellant was workding on deputation in the co-operative housing fedration at the relevant time, he was not entittled to get the protection under section 197 of Cr.P.C.  Against the High Court ORder he approached the supreme court, where it is held that " public Servant" has been defined in sec 21 of the IPC. admittedly the salary f the appellant is not paid by the Govt., he at the relevant time was not in the service of the state.  Prosecution against an officer of the Govt.,Co., or public undertaking would not require any sanction u/s 197 of Cr.P.C.