Supreme Court of India · 2000-10-17
ABDUL WAHAB ANSARI vs STATE OF BIHAR
- Citation / case number
- SC 2000/7644
- Court
- Supreme Court of India
- Petitioner
- ABDUL WAHAB ANSARI
- Respondent
- STATE OF BIHAR
- Author
- G.B.PATTANAIK,M.B.SHAH,S.N.PHUKAN
- Bench
- G.B.PATTANAIK,M.B.SHAH,S.N.PHUKAN
Judgment text excerpt
The Supreme Court addressed the applicability of Section 197 of the Code of Criminal Procedure in the context of a public servant's actions while discharging official duties. The Court held that the appellant, a Duty Magistrate, was entitled to protection under Section 197 as the alleged actions were performed in the course of his official duties. The Court found that the High Court erred in not considering the necessity of sanction for prosecution, thus allowing the appeal and quashing the proceedings against the appellant.