Section 190 Cr.p.c.,
anjaneyulu
(Querist) 13 November 2009
This query is : Resolved
If, a private complaint filed against to the police officer that he acted beyond his scope, the sanction under section 190 Cr.P.C., is required?
Arvind Singh Chauhan
(Expert) 13 November 2009
I am suggesting following judgments go through and try-
Question whether accused officer had acted in official course of duty or not and whether sanction is necessary or not should be left open to be decided in the main judgment which may be delivered upon conclusion of the trial-Quashing order improper- AIR-2002-SC-2861- Raj Kishore Roy V/S Kamleshwar Pandey & oth.
Sanction should not be used as a shield or cloak for doing objectionable acts- Expression official duty explained- question relating to sanction not necessary to be considered as soon as complaint is filed- may be raised at any later stage-A.C.C.-2005-Vol-52-S.C.-793- K.Kalimuthu V/S State by D.S.P.
Raj Kumar Makkad
(Expert) 13 November 2009
Good citations have been produced by Arvind, I pay speicla thanks to him.
V.V.RAMDAS
(Expert) 14 November 2009
Dear Anjaneyulu, 190 Cr.P.C is not sanction. It is Cognigence by the court against the offence. Sanction is 197 Cr.p.C. Sanction is required in sone occosions and it is not required in some circmstances. It depends on the circumstances. you can uderstand better if you go through the SC decision as cited by learned friend.
