Remedy_ if state govt refuse to sanction permsission for prosecution u/s 197 crpc?
Raj
(Querist) 21 December 2014
This query is : Resolved
some corrupt police officers has filed the false FIR against one of my freinds father under section 465,466,471, 420 IPC after lining with complainant over land dispute..the authorites relaised it but they transfer trhe police officers( the chargesheet is already filed and case is pending for trial which they assured that they will acquitted but has to face lengthy trails)
In such circumstances whether Pvt complaint case under 190/200 crpc in respect of 166-167 IPC can be filed after obtaining permission from state Govt under 197 Crpc?
what remedy is available if the state Govt refuse to sanction the permission UNDER 197 Crpc??
Devajyoti Barman
(Expert) 21 December 2014
Both police case and complaint case can lie simultaneously. There is no such bar.
If sanction is not granted then you can challenge it in writ petition.
T. Kalaiselvan, Advocate
(Expert) 26 December 2014
Take the advise of your lawyer who will be in a better knowledge based on the circumstances of the case.
