FAKHRUZAMMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The question that has come up for consideration in this case is whether sanction under Section 197 Cr.P.C. is necessary from the State Government before prosecuting the Appellant, though he was removed from service following the procedure laid down in Jharkhand Police Manual.

(3.) The Sub-Divisional Judicial Magistrate, Giridih, in Complaint Case No.281 of 2003, T.R. No.835 OF 2006, took cognizance against the Appellant for various offences under Sections 456, 323, 504, 506, 342, 386, 201, 120B and 304 IPC. That order was challenged by the Appellant before the High Court by filing Crl. M.P. No.1669 of 2006 under Section 482 Cr.P.C. stating that in the absence of previous sanction of the State Government, as per the provisions of Section 197 Cr.P.C., the learned Magistrate could not have taken cognizance of the offences against the appellant who was a Sub- Inspector of Police, since the act alleged was committed while discharging his official duty. The High Court rejected that contention by holding that since the competent authority had removed the Appellant from service, sanction to prosecute under Section 197 Cr.P.C. was not warranted. Aggrieved by the same, this appeal has been preferred.