Sanction under 197 crpc

Vishal jain (Querist) 22 December 2024 This query is : Resolved
Hello..One query
I am complainant in this case.
FIR registered u/s 384/420/34 IPC against accused public servants (bankers).
Investigation completed....chargesheet filed.
Court Not taking cognizance as sanction under 197 CrPc not taken.
The concerned authority is not giving sanction to proceed against their employees.
Please provide judgments...that sanction under 197 CrPC not required under 420 IPC. OR how to take sanction from the concerned authority.

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Quick Summary

This discussion addresses the requirement of sanction under Section 197 of the CrPC when prosecuting bankers accused of offences like cheating and extortion. A key point raised is that bankers, with some exceptions, may not be considered 'public servants' for the purpose of this sanction. Relevant case law, such as CBI v. Ramesh Gelli, is mentioned as a reference. The conversation also touches upon the upcoming changes with BNSS from July 1, 2024, and the new provisions regarding deemed sanction if the authority fails to decide within 120 days.

T. Kalaiselvan, Advocate (Expert) 23 December 2024
You can look for judgments through internet or ask your advocate to provide one.

kavksatyanarayana (Expert) 24 December 2024
Yes. Try through the e-courts site also.

Dr. J C Vashista (Expert) 25 December 2024
Bankers (except RBI) are not covered under the connotation of "public servant" for obtaining prior sanction u/s 197 CrPC to prosecute them.
You may refer to the case titled Central Bureau of Investigation, Bank Securities &
Fraud Cell versus Ramesh Gelli and Others

Vishal jain (Querist) 27 December 2024
Thank you very much Dr.J.C.Vashista ji....
I have found bunch of judgments in this regard...

Dr. J C Vashista (Expert) 27 December 2024
Great
Best of luck.

P. Venu (Expert) 03 January 2025
Yes, Bank employees are not public servants. Moreover, BNSS is in force from 1/7/2024 onwards. Section 197 CrPC has been replaced by Section 218. The new law provides that -
"Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government

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