MD. HADI RAJA vs THE STATE OF BIHAR

The Supreme Court addressed the applicability of Section 197 of the Code of Criminal Procedure, 1973, concerning the prosecution of public servants, including officers of public sector undertakings and government companies. The Court held that such officers are considered 'State' under Article 12 of the Constitution, thus requiring prior sanction for prosecution under Section 197. The judgment clarified that without this sanction, courts cannot take cognizance of offenses committed by these public servants in the discharge of their official duties.