mukesh gupta (advocate) 13 February 2012
Q. A, a public servent in cent. govt. job at the post of chesier. he is prosecuted for embezzlement. whether sanction u/s 197 CrPC is required? it is made clear that allegation is that he received the sum of money while performing his duty and then put the money in his pocket?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 February 2012
No Sanction required u/s 197 - Sanction is required only when the act is in discharge of, or purpoting to be in discharge of official duity. Embezzlement/Crimnal Misappropriation/BOT can never be part of duty of a public servant. The mere fact that he got the money in course of his job won't establish the nexus that is required. It is required in cases where official duty and wrongful act are intermeshed so much that PS can reasonably give an excuse that he is in his duty. A classic example would be : "where without fulfilling S.165 in spirit - PO's go to search" if later they are prosecuted for Crl.Tresspass - it would need sanction.
mukesh gupta (advocate) 13 February 2012
why in case of charges of embezzlement against cent. minister, the sanction is sought from parliament
Arvind Singh Chauhan (advocate) 13 February 2012
N.K.Assumi (Advocate) 13 February 2012
It is not the duty of Govt Hospital Doctor to pick pocket his patient, while attending to the ailment of the patient. I agree with Bharat Chugh.
Arvind Singh Chauhan (advocate) 13 February 2012
Perfect illustration Asumi Sir !. Great.
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