NAGRAJ vs STATE OF MYSORE

The Supreme Court held that under Section 197 of the Code of Criminal Procedure, 1898, no sanction from the State Government was necessary for prosecuting a Sub-Inspector of Police, as the Inspector-General of Police had the authority to dismiss him under the Mysore Police Act, 1908. The Court clarified that the necessity for sanction is only considered when evidence suggests that the alleged offence was committed in connection with actions under Sections 127 and 128 of the Code. The commitment order of the appellant was upheld, affirming that the prosecution could proceed without state sanction.