- The Allahabad HC has observed in Mahendra Pal Singh Lekhpal and anr vs. State of UP and anr that the proceedings instituted against public servants without obtaining a sanction under 197 CrPC are bad in law and can be quashed by filing an application under 482 CrPC.
- In the instant case, during a consolidation proceeding, a joint plot was allotted to opposite party no.2 (Ram Singh) and on his application in 2006, the Settlement Officer directed that the measurements of the land be taken. It was in pursuance of this order that the applicants, both being public servants (lekhpal and kanoongo) conducted the measurements and submitted the report in November, 2006.
- However, Ram Singh filed a complaint in the court of Judicial Magistrate, Farrukhabad stating that the applicants measured the plot illegally and that there was an order dated November 15, 2006 to stop the measurements. The Court summoned the two applicants under 427 IPC, without acknowledging the fact that they both were public servants and that they were discharging their official duties.
- Aggrieved by this summoning order, the applicants approached the HC.
- Referring to the scope of section 197 CrPC, the Hon’ble Court said that the objective behind obtaining a sanction for prosecuting a public servant acting in the exercise of his public duty is to protect him from harassment in exercising his public functions. The Court also noted that the aforementioned section also has its limitations. It has to be followed only when the alleged act of the public servant is connected with the discharge of his official duty.
- The Hon’ble Court also relied upon the judgement of the Apex Court in the case of D. Devaraja vs. Owais Sabeer Hussain (2020) and said that an application for quashing the proceedings under 482 CrPC is maintainable when the same are bad due to the absence of sanctions. In the present case too, the acts of the public servants are connected with the official duty assigned to them, and hence the provisions of section 197 CrPC should have been mandatorily followed.
- Consequently, the application was allowed and the summons issued by the lower court were set aside. The proceedings against the public servants were also quashed under 482 CrPC for want of sanction.
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