UMESHPAL SINGH KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE prosecution story is that in the night of 12th of June, 1987, all the accused who figured as respondents Nos. 2 to 8, in this revision petition murdered Smt. Uma and her dead body was cremated. After the cremation, a successful effort was made to get an entry in the records of the Primary Health Centre, Umri, district Bhind. This entry was to the effect that on the night intervening 13th/14th of June, 1987, Uma was admitted in the hospital, and she was treated there. A certificate to the effect that she died in the hospital is also said to have been given. The author or this entry in the out-patient register and the grant of subsequent certificate pertaining to the death of Uma is said to be the present petitioner. He has been summoned to face the trial under section 201 read with section 34 of the Indian Penal Code (hereinafter referred to as IPC). He raised a preliminary objection. This was to the effect that sanction under section 197 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) was not obtained. This objection was overruled. It is against the above order passed by the trial Court, the present petition has been preferred.

(2.) THE learned counsel for the petitioner has argued that sanction under section 197 is a pre-requisite for initiating prosecution against the petitioner and as this sanction is missing, therefore, the trial court cannot take cognizance of this matter.

(3.) THE object of section 197 of the Code is to guard against vexatious proceedings against the public servants and to secure the well-considered opinion of the superior authority before a prosecution is launched against them.