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prof s c pratihar (medical practitioner &legal studies)     12 November 2008

interference by high courtin cri. rev so far 197 crpc is concerned

dear members'

                    the citation is reproded as under------'the question as to whether the claim of accused that the act done during the performance of his official duty was reasonable one and  neither pretended nor fanciful ,can be examined during the course of trial by giving opportunity to the defence to establish it.  Sudhir Kumar v G. Laxman 2005 Cri L J4173(KANT)  ;2006 AIRBomR85N'----- with this position of law whenever magistrate taken cognizance and passed order that sanction not necessary u/s 197 so far the present case is concerned  . and issued process.accused appeared before the court   at this juncture can high court interfare against the order of magistrate in criminal revision?    



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 3 Replies

K.C.Suresh (Advocate)     13 November 2008

Why not. HC can interfare. Nexus to duty is important aspect in the issue. then how to prove the nexus that is by taking adducing evidence before framing charge. That means the cognizance has given another dimension in such cases. How you feel Prof. Pl. comment on this point.

anonymus (confidential)     23 November 2008

dear sirs, its indeed an interesting question requiring detailed discussion.

The question is whether the court can take evidence before taking cognizance, to see whther it comes within the ambit of sec 197?
But once the court applies its mind is it not takes cognizance of the matter. There r several authorities reg. sec 190.
i expect senior members to deliberate more on this topic.

prof s c pratihar (medical practitioner &legal studies)     01 December 2008

very much productive and anew arena in crpc. from both the contributions i presume you wanted to focus the openion that in any way matter will be decided in the court below after adducing evidence.


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