Quashes Charges Against Public Servant for Lack of Sanction under Section 197 Cr.P.C. : Delhi High Court

In a recent ruling, the Delhi High Court, presided over by Hon’ble Justice Tushar Rao Gedela, quashed the charges framed against a public servant, citing the lack of necessary sanction under Section 197 of the Criminal Procedure Code, 1973 (Cr.P.C.). The court’s decision highlights crucial aspects of legal procedure in cases involving public servants and sets a significant precedent.

The case, which drew considerable attention, involved allegations of criminal conspiracy and offenses under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act, 1988. The petitioner, a DANICS officer, was charged with offenses including cheating and forgery. However, the crux of the court’s judgment was the absence of prosecution sanction under Section 197 Cr.P.C.

In his decisive judgment, Justice Gedela observed, “It is clear that a strong suspicion would be sufficient to maintain an order on charge, however, the said strong suspicion must be founded on some material, which must be such as can be translated into evidence at the stage of trial.” The judgment underscores the necessity of following due legal procedures, particularly in the prosecution of public servants.

The court meticulously evaluated t”e facts and circumstances of the case, emphasizing the importance of sanction under Section 197 Cr.P.C. for prosecuting public servants. “The allegations against the petitioner are of offences in the discharge of his official duties and as such, the rigors of N.K. Ganguly (supra) shall apply on all fours,” Justice Gedela remarked.

Date of Decision: 22 November 2023

RAKESH BHATNAGAR VS CENTRAL BUREAU OF INVESTIGATION