GAURI SHANKAR PRASAD vs STATE OF BIHAR

The Supreme Court examined the applicability of Section 197 of the Code of Criminal Procedure in the context of a complaint against a public servant, Gauri Shankar Prasad, for alleged misconduct during the removal of encroachments. The Court held that the protection under Section 197 is not applicable as the actions taken by the accused were not in discharge of official duty but were rather personal in nature. Consequently, the appeal was allowed, overturning the High Court's decision that had denied the applicability of Section 197.