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On section 197 Crpc regarding sanction for the prosecution of Public servants. (Criminal Law)

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This query is : Resolved


Author : S.B.adil rahman

Posted On 15 January 2009 at 21:41

The apex court decided the case of sanction for the prosecution of a public servant vide the below referred case on 7.1.2009. Can any one post the text of the judgement/CRIMINAL APPEAL NO. 8 OF 2009

@ S.L.P. (Crl.) NO.2864 of 2007

Choudhury Parveen Sultana Vs. State of West Bengal and Another


ALTAMAS KABIR, J. & MARKANDEY KATJU, J.


Dated : 07.01.2009

adil/Kolkata




Expert : PALNITKAR V.V.

Posted On 16 January 2009 at 10:07

Please see the text of the judgment. 1


IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 8 OF 2009
@ S.L.P. (Crl.) NO.2864 of 2007


Choudhury Parveen Sultana ...Appellant


Vs.


State of West Bengal and Another ...
Respondents



J U D G M E N T


ALTAMAS KABIR,J.


1. Leave granted.



2. The short point involved in this appeal is

whether in view of Section 197 of the Code of

Criminal Procedure, previous sanction of the

State Government was necessary for prosecuting

the respondent No.2, Sahabul Hussain, under

Section 384/506 of the Indian Penal Code.
2


3. The respondent No.2 belongs to the West Bengal

Police Service and was posted as Deputy

Superintendent of Police (D.N.T.) at

Behrampore, District Murshidabad, West Bengal.

On 9th September, 2005, at about 9.15/9.30 in

the morning one Samiul Choudhury, the husband

of the appellant herein, was shot at and

suffered grievous injury to his right eye.

Thereafter, in a statement given by him to the

Inspector in-charge of Behrampore Police

Station, he claimed that the assailants were

the associates of Mohan Lal, Jalal, Kamal,

Babul and Kabir of Zamindar para. On the basis

of the said statement Behrampur Police Station

Case No.348 dated 9.11.2005 was registered

under Sections 326/307/120-B/34 IPC read with

Sections 25/27 of the Arms Act. Subsequently,

the appellant herein filed an application

before the Chief Judicial Magistrate,

Murshidabad, alleging commission of offences

by the respondent No.2 and another punishable

under Sections 387/504/34 IPC and the said
3


complaint was registered as C.R.Case No.543 of

2005.



4. In the aforesaid complaint it was alleged that

on 9.11.2005 Samiul Choudhury was shot at near

his house and thereafter he was admitted to

the Behrampore New General Hospital and police

investigation was started. It was also alleged

that on the pretext of conducting

investigation the respondent No.2 and his co-

accused used to come to the house of the

appellant and on 18th December, 2005 and also

on 19th December, 2005, the respondent No.2

and the other accused came to the house of the

appellant and threatened her husband and

wanted the husband of the appellant to make a

tutored statement and under threat even tried

to obtain his signature on a blank paper. It

was also claimed that the appellant's husband

lodged a complaint with the local police

authorities and higher authorities also but no

action was taken and the appellant was,
4


therefore, compelled to move the Chief

Judicial Magistrate Murshidabad by way of the

said complaint. The learned Magistrate took

cognizance of the offence by his order dated

26.9.2004 and transferred the case to the 2nd

Court of Judicial Magistrate, Behrampore, for

inquiry and trial.


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