Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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How to prosecute the sub-inspector, crpc 197 whom to apply?

Page no : 2

SURESH GODBOLE (ADVOCATE)     13 November 2011

Mr Learner

                  Question not clear and specific

                 Has the Sub Inspector filed an FIR

                 Is  any of your family members harrassed

                Has he filed a Departmental complaint

                Have you been served a notice or THE POlice have called you for interrogation

                Pl elaborate , before we could comment specifically and meaningfully

                

KNK A Learner (Learning to share)     15 November 2011

Hi Suresh,

Sub-Inspector file false case 498A without any enquiry Pre and Post arrest of A1, Neither called for counselling nor enquired any thing but Colluded with the 498A Family and filed false Charge sheet, i have ample full of documentary evidence to prove and want to prosecute for filing false report in the judicial process

Thanks,

Ziaur Rahman ( Practice)     20 June 2012

Dear Pratik, Dy S.P/ACP and the other higher ranks in police forces are appointed by the Governor of the State/President of India. The language under section 197 CrPC 1973 specifically denotes the word removable by the State. An Inspector or S.I and others below him are removable by their appointing athorities hence no sanction is required for prosecuting them. In cases of alleged excesses committed by them during the law and order duties like lathi charge/firing etc. which affect the public order, every police officer who was deployed for such duties is protected from prosecution without sanction from the State under section132 of CrPC 1973. However, to prosecute an S.I or Inspector or any other rank below them sanction under section 197 CrPC 1973 is not required at all. More over, sanction is the matter before taking cognizance by the Magistrate. No sanction is required for lodging F.I.R  or initiating Investigation.The Allahabad High Court had ruled  that the special judge under the Prevention of Corruption Act was empowered to pass an order for registration of an FIR and investigation on an application moved by a person namely Mahipal under section 156(3) of the CrPC.

Justice V K Verma had allowed the revision petition of Mahipal, who had  moved the Allahabad High Court challenging the order of the special judge of the Disrict and Session Court Gautam Budh Nagar in which the lower court had rejected his prayer for registering a case against sub-inspector Suresh Chand Badhautiya and SO Gyanendra Kumar Singh Kasna police station, Gautam Budh Nagar under the Act.

The High Court had said that an application under section 156(3) of the CrPC could not be rejected on the ground that sanction of appropriate government or authority would be required at the time of taking cognizance.

The High Court said no sanction was required at the time of the registration of FIR . Sanction is required for taking cognizance before trial and not for recording FIR or initiating investigation.

Hemang (Advocate)     21 June 2012

A person can even directly file a private complaint before the court of the competent jurisdiction. The sanction, if required, can be obtained subsequently, or during the trial, but before the case is finally adjudicated. The law is that the application for sanction to prosecute should be obtained from the "appointing authority". 

pratik (self working)     22 June 2012

Thanks to all

Sudhir Kumar, Advocate (Advocate)     02 August 2012

I disagree with the view that non-gaz employee can be prosecuted without 197 sanction.  S/197 doe snot differentiate in designations.

Sudhir Kumar, Advocate (Advocate)     02 August 2012

Further, if sacntionunder sectin 197 is denied there is no rememdy.

 

If discipliunary action is not taken then High Court can pass writ mandamus.

S.B.adil rahman (Legal Consultant )     02 August 2012

Please read section 197 CrPC in its entirety. The Dy. SP or any IPS officer , is appointed by the Governor or President  of India.  Whereas,the appointing authority for constables to inspectors is the SP /DCP or Dy.IG/C.P as per the rank.  You will get the idea from Police Act 1861 Section 4 to 8.  In section 197 code of criminal procedure, 1973   the word is cognisance and not investigation.  So there is no bar in lodging the FIR and starting the investigation.  The courts take cognizance on the police report, which is filed before it under section 173 of the code of criminal procure 1973.  It is the duty of the police officer investigating such cases, to take sanction for prosecution.  You can  study the decision of Allahabad High Court in the Case Mahipal Vs State of UP Criminal Revision No. 2178 of 2008 for a detailed idea. However, if someone wants to file any criminal case under section 200 Cr.PC, then he should seek the sanction for prosecution, as the judges of the lower courts take the cognizance and not investigations.  It is also very difficult to make them understand the difference between the police ranks as to who is removal by the state government and who by the superior police officers and hence it will be the safest procedure to obtain the sanction.  If  sanction is not required then the State Government will itself reply to you that for the particular rank from Constable to Inspectors the sanction is not required for taking cognizance by the magistrate


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