State Of H.P vs M.P.Gupta

The Supreme Court examined the applicability of Section 197 of the Code of Criminal Procedure, 1973, in relation to the prosecution of a public servant for offenses under Section 120-B, Section 420 IPC, and Section 5(2)(1)(d) of the Prevention of Corruption Act, 1947. The Court held that without the requisite sanction under Section 197, the proceedings against the accused could not continue, affirming the High Court's decision. The judgment underscores the necessity of obtaining prior sanction for prosecuting public servants in connection with their official duties.