Fir against district level surgeon, is it mandatory to obtain permission to prosecute him?
Athi Vishal HD
(Querist) 16 March 2015
This query is : Resolved
Respected Sir/Madam
My wife is physically Fit and she has no disabilities. But she obtained an Physically Handicap Certificate from Govt.Doctor(District Level Surgeon-Bangalore) which states that she is limping and she has 60% disability.
After knowing this I gave complaint to PoLice Station. During Police enquiry the allegations mentioned in my complaint are found true.
Hence Police are ready to file file FIR against my wife (A1) and the Govt.Doctor(A2) (District Level Surgeon) u/s 420 IPC and Under the persons with Disabilities Act 1995.
since the Doctor is an Govt.official and he is in the Rank of District Level Surgeon,the Police authorities are thinking to obtain the permission from Health Dept. to prosecute the Govt.Doctor.
In view of the above mentioned fact, please clarify the below mentioned queries:
1)Is it mandatory to obtain permission to prosecute the Govt. Doctor(District level Surgeon in Bangalore City)
2)The above mentioned Sections are relevant or not?
Please guide me Sir/madam
Devajyoti Barman
(Expert) 16 March 2015
1. Yes sanction u/s 197 crpc is necessary in this case.
2. Yes, sections are right. Apply additional charge of forgery and fraud.
Athi Vishal HD
(Querist) 16 March 2015
Sir please clarify the following
1.to take sanction u/s 197 crpc during the time of filing FIR or during chargesheet?
Guest
(Expert) 16 March 2015
Permission or no permission, it is the headache of the police, not yours as a complainant. Let the law take its own course. If it is not your academic query, you need not bother about sanction. Mention only the facts, as a layman. Police will look after the rest.
Athi Vishal HD
(Querist) 16 March 2015
Sir Police are also confused, thats why I am asking this query.
Since I am also working in Police Dept. and I am the complainant, so I want to help the Police in this case.
In view of above submission I would pray the experts to give opinion on below query.
1.to take sanction u/s 197 crpc during the time of filing FIR or during chargesheet?
Devajyoti Barman
(Expert) 17 March 2015
During FIR no sanctioning is required. It is to be taken before submission of charge sheet.
Rajendra K Goyal
(Expert) 17 March 2015
Agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 17 March 2015
agree with mr barman
Athi Vishal HD
(Querist) 17 March 2015
Thanks a lot to all experts.today police has filed fir
Guest
(Expert) 17 March 2015
You are welcome.
