SOM CHAND SANGHVI vs BIBHUTI BHUSAN CHAKRAVARTY

The Supreme Court held that the sanction of the State Government under Section 197 of the Code of Criminal Procedure, 1898, was necessary for prosecuting the respondent, an Assistant Commissioner of Police, for wrongful confinement under Section 348 IPC. The Court clarified that while assessing the applicability of Section 197, it must consider the substance of the allegations made in the complaint. The High Court's quashing of the process was deemed improper as it had decided on merits without sufficient material, leading to the appeal being allowed.