Abdul Wahab Ansari vs State Of Bihar & Anr

The Supreme Court held that the provisions of Section 197 of the Code of Criminal Procedure, which require government sanction for prosecution of public servants, apply when the public servant is acting in the discharge of their official duties. The Court found that the appellant, a public servant, was performing his duties in relation to the removal of encroachments and thus, the requirement for sanction under Section 197 was applicable. The Court set aside the High Court's order and directed that the matter be reconsidered in light of the necessity for sanction under Section 197 Cr.P.C.