GOUR CHANDRA ROUT & ANOTHER vs THE PUBLIC PROSECUTOR, CUTTACK

The Supreme Court held that Section 198B(3)(a) of the Code of Criminal Procedure, 1898, mandates that the Governor must authorize a Secretary to lodge a complaint for prosecution under Sections 500 and 501 IPC. The Court clarified that the Public Prosecutor requires specific sanction from the Governor, and a general sanction is insufficient. The Court found that the prior authorization was not valid as it did not meet the statutory requirements, leading to the quashing of the convictions against the appellants.