Is sanction needed u/s 197 crpc to punish police officers

P RaviShankar-cell-8939332195 (Querist) 06 February 2016 This query is : Resolved
In my case police officers entered into criminal conspiracy with accused and filed closure report for case relating to unnatural offence punishable u/s 377 ipc committed by the accused. The offence being a serious one where punishment is minimum 10 years imprisonement police have willfully and deliberately conspired with accused. I came across judgement by honble supreme court of India where in sanction is not needed in all cases for punishing police officers. In my case can I proceed with pvt complaint u/s 200 crpc against police officers without sanction.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 06 February 2016
First file protest petition in the pending case. If the court accepts your protest petition then order of further investigation can be passed.
Make complaint case as last option.

Raj Kumar Makkad (Expert) 06 February 2016
Sanction is not required in case the accused has done an act not connected with his official duty. In the given case even if you file a private complaint or a protest petition when you are called by the court at the time of submission of the closure report, the question shall always remain open for you. It shall be better to apply for the due sanction against such police official who had derelicted from his duty in connivance with the accused and did erroneous investigation.