Code of Criminal Procedure 1973 – Section 197- HC dismissed petition seeking quashing of complaint filed against a public servant – Allowing appeal, SC observed: When there was no prior order of sanction passed under Section 197 of the CrPC, the initiation of the complaint itself, is non est.
Code of Criminal Procedure 1973 – Section 197 –For the purpose of application of Section 197, a sine qua non is that the public servant is accused of any offence which had been committed by him in “discharge of his official duty”- Section 197 of the CrPC would not apply to a case if a public servant is accused of any offence which is de hors or not connected to the discharge of his or her official duty. (Para 22)