On section 197 Crpc regarding sanction for the prosecution of Public servants.
S.B.adil rahman
(Querist) 15 January 2009
This query is : Resolved
The apex court decided the case of sanction for the prosecution of a public servant vide the below referred case on 7.1.2009. Can any one post the text of the judgement/CRIMINAL APPEAL NO. 8 OF 2009
@ S.L.P. (Crl.) NO.2864 of 2007
Choudhury Parveen Sultana Vs. State of West Bengal and Another
ALTAMAS KABIR, J. & MARKANDEY KATJU, J.
Dated : 07.01.2009
adil/Kolkata
PALNITKAR V.V.
(Expert) 16 January 2009
Please see the text of the judgment. 1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 8 OF 2009
@ S.L.P. (Crl.) NO.2864 of 2007
Choudhury Parveen Sultana ...Appellant
Vs.
State of West Bengal and Another ...
Respondents
J U D G M E N T
ALTAMAS KABIR,J.
1. Leave granted.
2. The short point involved in this appeal is
whether in view of Section 197 of the Code of
Criminal Procedure, previous sanction of the
State Government was necessary for prosecuting
the respondent No.2, Sahabul Hussain, under
Section 384/506 of the Indian Penal Code.
2
3. The respondent No.2 belongs to the West Bengal
Police Service and was posted as Deputy
Superintendent of Police (D.N.T.) at
Behrampore, District Murshidabad, West Bengal.
On 9th September, 2005, at about 9.15/9.30 in
the morning one Samiul Choudhury, the husband
of the appellant herein, was shot at and
suffered grievous injury to his right eye.
Thereafter, in a statement given by him to the
Inspector in-charge of Behrampore Police
Station, he claimed that the assailants were
the associates of Mohan Lal, Jalal, Kamal,
Babul and Kabir of Zamindar para. On the basis
of the said statement Behrampur Police Station
Case No.348 dated 9.11.2005 was registered
under Sections 326/307/120-B/34 IPC read with
Sections 25/27 of the Arms Act. Subsequently,
the appellant herein filed an application
before the Chief Judicial Magistrate,
Murshidabad, alleging commission of offences
by the respondent No.2 and another punishable
under Sections 387/504/34 IPC and the said
3
complaint was registered as C.R.Case No.543 of
2005.
4. In the aforesaid complaint it was alleged that
on 9.11.2005 Samiul Choudhury was shot at near
his house and thereafter he was admitted to
the Behrampore New General Hospital and police
investigation was started. It was also alleged
that on the pretext of conducting
investigation the respondent No.2 and his co-
accused used to come to the house of the
appellant and on 18th December, 2005 and also
on 19th December, 2005, the respondent No.2
and the other accused came to the house of the
appellant and threatened her husband and
wanted the husband of the appellant to make a
tutored statement and under threat even tried
to obtain his signature on a blank paper. It
was also claimed that the appellant's husband
lodged a complaint with the local police
authorities and higher authorities also but no
action was taken and the appellant was,
4
therefore, compelled to move the Chief
Judicial Magistrate Murshidabad by way of the
said complaint. The learned Magistrate took
cognizance of the offence by his order dated
26.9.2004 and transferred the case to the 2nd
Court of Judicial Magistrate, Behrampore, for
inquiry and trial.
