cognizance by magistrate
vinod bansal
(Querist) 24 April 2009
This query is : Resolved
R/All
when we can say that court has taken cognizance spl. in private complaint cases & in FIR (State) Cases, My query is in context of section 197 crpc in which sanction order is compulsary while taking cognizance against a public servent..in my case i had filed a pvt. complaint against Supdt. Of Police & preliminary evidence has closed & now case is fixed for consideration/order on summoning.whether sanction is mandatory prior to issue summoning order against a public servent in complaint case.
Kiran Kumar
(Expert) 24 April 2009
Mr. Bansal pls refer to Parkash Singh Badal's case of 2008 its a widely reported judgment if m not mistaken then the citation is
2008 (1) RCR (cri.) 1 SC
u ll get the complete law in this context.
K.C.Suresh
(Expert) 25 April 2009
Sanction U/s 197 Cr.P.c is required only when the act compalined of is an act or omission while discharging the official duty. That means the act or omission which amonts to offence must be a part of his offiial duty. If that be so sanction u/s 197 is required for taking cognizance. Cognizance in police case is taken while framing chrage by the court. In private complaint U/s 202 when the court apply its mind whetehr there is any meterial to send the summons to accused. In some circumstances after hearing the party. What Badals case said is that the official duty must be NEXUS to offical duty. It must not be cloathed with official duty. In P.K. Pradhan case SC observed the court can take cognizance even without sanction and must look into the necessity of the sanction before the conclusion of the trail as first issue. In your case you can take a stand offences committed U/s.120B, 406, 468 etc are not part of the official duty os a public servant.
Now S.197 is applicable only if the Public servant is remouvable only by the State or Central government.
Y V Vishweshwar Rao
(Expert) 26 April 2009
Mr Suresh You have given details on the subject , it is very useful .
With regards !
