Birendra K. Singh vs State Of Bihar

The Supreme Court held that the objection regarding the lack of sanction under Section 197 of the Criminal Procedure Code (CrPC) can be raised at the stage of arguments under Sections 227 and 228 of the CrPC, which occurs only if the case is committed to the Court of Sessions. The Court emphasized that the Magistrate's cognizance of the offence under Section 302 read with Section 34 IPC was not improper, and the appellant can raise the sanction issue before the Sessions Court, which must address it with a reasoned order. The appeal was disposed of with directions for bail upon application.