Brief Facts
- The Complainant filed a complaint against some of the police officials stating that they entered the house of the Complainant and started beating and abusing the Complainant and his brother. These police officials looted the Complainant and his family members, snatched their gold chain and thereafter the Complainant and his family members were hand cuffed and made to walk to the police station and were detained in the lock up. The Complainant later filed this FIR against these police personnel under section 147, 323, 504, 506(2) of the IPC. The High Court initially denied to quash the FIR.
- The Trial Court subsequently framed the charges and these were unsuccessfully assailed before the Revisional Court. However, the High Court subsequently allowed the Petition on the ground that the prior sanction under section 197 of the Cr.P.C was not obtained.
- Thereafter, the Complainant approached the Apex Court against the order of the High Court.
Issues
- Whether the sanction under section 197 Cr.P.C would be required for aforesaid offence alleged against the accused police personnel?
- Whether the High Court was correct in discharging the accused on the ground of lack of sanction under section 197 Cr.P.C, though on the earlier occasion the High Court denied to quash the FIR by observing that it would be premature to decide on the applicability of bar under section 197 CrPC?
Held
- The Apex Court allowed the Appeal and the charges framed by the Trial Court were restored by setting aside the order of the High Court.
- Going by the assertions in the complaint filed by the appellant, prima facie, it appears that without any authority, the first respondent, along with other police personnel, entered the house of the appellant early in the morning and committed the offences alleged against them. Looking at the nature of the allegations in the complaint, at this stage, it is impossible to conclude that the acts allegedly done by the first respondent were committed by her while acting or purporting to act in the discharge of her official duty. Therefore, at this stage, we cannot conclude that a sanction under Section 197 of Cr.P.C. was required. In the facts of the case, the final view on this issue can be taken only after the evidence is recorded. Therefore, there was no reason for the High Court to quash the proceedings at this stage on the ground that a sanction under Section 197 was mandatory.
Relevant Para No.
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