The brief facts of the case are that the revisionist was posted as Deputy Inspector General of Police, P.T.S., Meerut and opposite party no.2, Sub Inspector of Police, lodged F.I.R. against him on 31.5.2014 regarding the incident which continued from 2008 to 2014 with the allegation that revisionist had outraged her modesty and had also made lewd remarks and asked for sexual favours from her. Thereafter the matter was thoroughly investigated and charge-sheet was submitted against the revisionist under Sections 354, 354(A), 506(1) and 509 I.P.C. on which concerned court took cognizance of the offence on 26.7.2014. The revisionist thereafter got himself bailed out and charge against him under aforesaid sections was framed on 11.4.2016. The statement of opposite party no.2 was recorded as PW 1 and one Dhirendra Kumar Singh as PW 3. When the evidence of PW 2 continued, an application was moved on behalf of the revisionist that proceedings against him are not maintainable in view of the fact that mandatory sanction as envisaged under Section 197 Cr.P.C. has not been obtained and, therefore, very initiation/cognizance of the offence without previous sanction stands vitiated. Learned Magistrate after hearing counsel for both sides passed impugned order recording that Section 197 Cr.P.C. was amended by Criminal Law Amendment Act, 2013 which came into force from 3.2.2013 and in order to clear the doubts it was declared that if any public servant is charged for offences under Section 166-A, 166-B, 354, 354-B, 354-C, 354-D, 370, 375, 376, 376-A, 376C, 376-D and 509 I.P.C. then no legal sanction is required for prosecution of the public servant.
