Held that criminal proceedings against a petitioner are ex-facie bad without requisite sanction under Section 197 Cr.P.C. Petitioners to quash proceedings allowed, but liberty reserved to State to obtain sanction.
Proceedings quashed. Liberty reserved to State to obtain sanction under Section 197 Cr.P.C.
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.
NC: 2023:KHC:38308 CRL.P No. 10342 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10342 OF 2023
BETWEEN:
RATHNAPPA S/O MARIGOWDA AGED ABOUT 63 YEARS SECRETARY GRAM PANCHAYAT OFFICE DODDAMAGGE RESIDING AT No.618 VIJAYANAGARA BADAVANE BELUR ROAD, HASSAN-573 201.
…PETITIONER
(BY SRI SANDEEP K, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS
(BY SRI THEJESH P, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.616/2016 PENDING THE FILE OF HON’BLE ADDITIONAL CIVIL JUDGE AND J.M.F.C AT
ARAKALAGUDU FOR THE OFFENCE P/U/S 408 AND 409 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice
for respondent Nos.1 and 2.
NC: 2023:KHC:38308 CRL.P No. 10342 of 2023
"7. The Hon'ble Apex Court in the case of D. Devaraja vs Owais Sabeer Hussain stated supra at paragraph-71 has held that, if the act alleged in a complaint purported to be filed against the policeman is reasonably connected to discharge of some official duty, cognizance thereof cannot be taken unless requisite sanction of the appropriate order is obtained under Section 197 of the Code of Criminal Procedure. At paragraph-72 it is held that the Trial Court has to examine whether sanction has been obtained and if not whether the criminal proceedings should be nipped in the bud. At Paragraph-74 it is held that it is well settled that an application under Section 482 of the Criminal Procedure Code is maintainable to quash proceedings which are ex-facie bad for want of sanction, frivolous or in abuse of process of court. "
NC: 2023:KHC:38308 CRL.P No. 10342 of 2023
criminal proceedings will be an abuse of process of law. Accordingly, I pass the following:
ORDER
ii. The order of the learned Magistrate taking cognizance and registering criminal cases in all the C.Cs' impugned in all these petitions stands quashed.
iii. Liberty is reserved with the respondent-State to obtain sanction to prosecute the petitioners as specified under Section 197 of Cr.P.C in accordance with law.
Sd/-
JUDGE
GH
List No.: 1 Sl No.: 16
2 issues framed by the court
Whether criminal proceedings can be continued absent requisite sanction under Section 197 Cr.P.C for prosecution of a public servant.
Whether the impugned cognizance taken by the Magistrate is ex-facie bad for non-obtainment of sanction.
Colour shows how this judgement treated each authority
D. Devaraja vs Owais Sabeer HussainExplained¶31
D. Devaraja vs Owais Sabeer Hussain
Accused No.4 challengeReferred¶30
Crl.P.No.5594/2019
5 provisions across 2 enactments
Rathnappa S/O Marigowda
State of Karnataka
Sri Lakshminarasimaiah
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
