Prosecution permission
Milap Choraria
(Querist) 26 January 2014
This query is : Resolved
Please cite the Supreme Court Judgment, about deemed permission for prosecution of Public Servants particularly for misuse of powers and abuse of authority
ajay sethi
(Expert) 26 January 2014
we dont provide citations . search in indain kanoon website
Advocate. Arunagiri
(Expert) 26 January 2014
Dear Querist,
Try it yourself. We are also trying and getting through google and other websites.
Guest
(Expert) 26 January 2014
State your real problem about deemed permission for prosecution, if there is any, and what benefit you expect to derive out of the SC judgment when there is a case of misuse of power and abuse of authority by the public servant?
Officially granted permission or deemed permission that has no relevance if you are not able to defend yourself on merits on the main issue of misuse of power and abuse of authority.
About citation of SC judgments, why don't you ask your own lawyer? Nobody would like to undertake such a labourious and time taking job to make search of rare type of judgment for free for the convenience of your paid lawyer.
Moreover, if your lawyer is of the opinion that the issue of deemed permission can help you to get exonerated, he is simply misguiding and misleading you.
In the case of a Government servant, permission to prosecute is merely an official and legal formality, unless formally denied by the competent authority on merits of the case based on vital difference of opinion with the investigating agency.
Devajyoti Barman
(Expert) 26 January 2014
Do you mean to say section 197 crpc?
There are many decisions on this. Please refer to any of those.
Milap Choraria
(Querist) 26 January 2014
Yes, I want to file application u/S 197 Cr.P.C. for according sanction against Police Officer, who arrested me in 2009 without having any credible information and also by violating guidelines fixed by the Supreme Court in two judgments and respective gazette Notification and also ignoring two (earlier) Police Reports in the matter that no alleged incident occurred within (his) Police Station. Since he was under criminal conspiracy and connivance with the defacto-complainant, as such ignored the fact that nothing materials was on record to justify of committing any offence, raised in the FIR. Contrary to aforesaid two reports he not able to collect any further information to justify arrest. He also filed False Charge Sheet, within 3 days from direction from DG of the State to get inquired the matter referred by in my complaint to him.
Guest
(Expert) 26 January 2014
By the way, what connection do you think lies between the the deemed sanction for prosecution (in the absence of formal sanction by the Government) and the provisions of sec.197, when the offence has already been taken cognizance of by the court?
Further, when the court has already taken cognizance u/s 197, itself, in what way the section 197 is likely to help you to fix the police officer by filing application u/S 197 Cr.P.C. and how the court can compel the Government for according sanction against the said Police Officer.
The irony is that your query did not show any purpose or link between the deemed sanction in which case and against whom and the legal provisions of Sec. 197, as you did not state any background of the case.
Even now, while you have provided some brief of the incident, you have still not given the present status of the case.
Can you mention the present status of the case?
Milap Choraria
(Querist) 07 May 2014
I have filed a Complaint Case before Delhi Court against the Respective Police Officer, the defacto Complainant and her father against my illegal Arrest by Howrah Police, since my arrest was made under criminal connivance and conspiracy and ignoring two earlier Investigating Reports submitted before the respective Ld. Court that no alleged incident occurred within the respective Police Station Jurisdiction and since New IO without collecting any credible evidence to substantiate that any offence under Section 498A of IPC and Dowry Protection Act was committed at all. The Ld. Delhi Court taken initial cognizance taken after going by the Police Report from the Delhi Police, started recording of evidences for a summon case. However, this is my doubt that in subsequent stage question may arise that sanction under Section 197 of Cr. P. C. against the respective Police Officer/IO was not obtained.
