The petitioner, an Assistant Registrar, challenged dismissal of his discharge application due to lack of government sanction. The High Court held registration is a duty-bound act, ruling prosecution without Section 197 CrPC sanction was barred.
Impugned orders setting aside discharge application dismissed; discharge application allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.223 OF 2023
Pandit s/o Shivram Tiparse
Petitioner
Versus
The State of Maharashtra
Respondent
Mr. D. A. Mane, Advocate for the petitioner. Mr. V. S. Badakh, APP for the State.
CORAM : R. M. JOSHI, J. DATE : 6th SEPTEMBER, 2023.
PER COURT :
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document is in the nature of declaration deed. After completion of investigation, charge-sheet came to be filed against petitioner and the co-accused.
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that the act done by the petitioner cannot be considered to be in discharge of his lawful duty.
“10. It appears to us that the words “under colour of duty” have been used in Section 161(1) to include acts done under the cloak of duty, even though not by virtue of the duty. When he (the police officer) prepares a false panchanama or a false report he is clearly using the existence of his legal duty as a cloak for his corrupt action or to use the words in Stroud’s Dictionary “as a veil to his falsehood”. The acts thus done in dereliction
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of his duty must be held to have been done “under colour of the duty.”
( R. M. JOSHI) Judge
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2 issues framed by the court
Whether prosecution of a public servant for acts done in discharge of official duty can proceed without prior sanction under Section 197 CrPC.
Whether the alleged act of registering a document by an Assistant Registrar falls under the color of duty requiring government sanction.
Colour shows how this judgement treated each authority
D. Devaraja vs. Owais Sabeer HussainReferred¶23
(2020) 7 SCC 695 · Who else cites this
Virupaxappa Veerappa Kadampur vs. State of MysoreReferred¶23
AIR 1963 SC 849 · Who else cites this
2 provisions across 1 enactments
Pandit s/o Shivram Tiparse
The State of Maharashtra
R. M. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
