ASI HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sub-section (1) to Section 197 of the Code of Criminal Procedure which deals with the short question in controversy reads as under :-

(2.) The object of the Section is well known to guard against vexatious proceedings against a public servant and to secure the well considered opinion of a superior authority before a prosecution is launched against such a public servant. In other words, it is to afford adequate protection to ensure that public servants mentioned above are not prosecuted for anything done by them in the discharge of their official duties without reasonable cause.

(3.) The petitioner alleges that he could not be prosecuted before sanction contemplated under Section 197 of the Code of Criminal Procedure, therefore, brief resume of the facts would be advantageous.