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october 1955

Supreme Court of India · 1955-10-31

MATAJOG DOBEY vs H. C. BHARI(WITH CONNECTED APPEAL)

Citation / case number
SC 1954/90318
Court
Supreme Court of India
Petitioner
MATAJOG DOBEY
Respondent
H. C. BHARI(WITH CONNECTED APPEAL)
Bench
DAS, SUDHI RANJAN,BOSE, VIVIAN,JAGANNADHADAS, B.,IMAM, SYED JAFFER,IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that sanction under Section 197 of the Code of Criminal Procedure is necessary when the alleged acts of assault and criminal force are related to the performance of official duties. The Court clarified that Article 14 does not render Section 197 ultra vires, as the government's discretion to grant sanction is based on rational classification. Furthermore, the need for sanction may arise at any stage of the proceedings, depending on the facts that come to light during the inquiry or trial.

MATAJOG DOBEY vs H. C. BHARI(WITH CONNECTED APPEAL) · Niyam