N.P. SAHNI AND ANOTHER Vs. SUMAN SINGH

JUDGEMENT

(1.) THE short question of law that fails for consideration in this revision petition is as to whether the offences alleged to have been committed by the petitioners as mentioned in the complaint, were committed in the performance or put ported performance of their official duties so as to render their prosecution under those offences contingent on the grant of sanction by the competent authority under section 197, Criminal Procedure Code.

(2.) WHETHER certain acts or omissions constituting the alleged offences in a given case were committed in the performance or purported performance of the official duty have to be judged in the light of given facts of each case. So, at this stage a brief resume of relevant facts becomes necessary.

(3.) AN objection was raised before the trial Magistrate that the Criminal Proceedings against the petitioners, could not be proceeded unless sanction under section 197, Criminal Procedure Code, and section 26 of the Foreign Exchange Regulation Act, 1947, is accorded by the competent authority. The trial Magistrate dismissed the objection holding that no such prior sanction was required Hence the present petition at their instance.