SWAPAN KUMAR DAS Vs. BANDANA KAR PURKAYESTHA

JUDGEMENT

(1.) The short question which arises in this petition is whether the complaint filed by the private respondent should fail because of the fact that no sanction under section 197 of the Code of Criminal Procedure (Cr.P.C.) has been obtained before filing of the said complaint.

(2.) Section 197(1) of the Cr.P.C. is relevant for the purpose of this discussion and reads as follows:-

(3.) The stand of the petitioners is that they are all public servants and the offence is alleged to have been committed by them while acting or purporting to act in discharge of their official duties and, therefore, the trial Court could not take cognizance of such offence except with the previous sanction of the Government of Tripura.