BHAGWAN PRASAD SRIVASTAVA vs N. P. MISRA

The Supreme Court held that Section 197 of the Code of Criminal Procedure does not apply to the case of a civil surgeon accused of using defamatory language and forcibly removing a complainant from the operation theatre. The Court emphasized that the protection under Section 197 is intended for public servants acting in the discharge of their official duties, and the alleged actions of the appellant were not connected to his official duties. The Court concluded that prior sanction was not necessary for the trial court to take cognizance of the complaint, thereby allowing the prosecution to proceed.