KESHAVLAL MOHANLAL SHAH vs THE STATE OF BOMBAY

The Supreme Court held that Section 197 of the Code of Criminal Procedure, 1898 does not require prior sanction for a court to take cognizance of an offence committed by a Magistrate if he is no longer in office at the time of cognizance. The appellant, a former Magistrate, was convicted under Section 409 IPC for criminal breach of trust after being dismissed from service. The Court confirmed the conviction, establishing that the lack of sanction was not a barrier to prosecution in this case.