Supreme Court of India · 2008-02-01
SUBRAYAPPA vs D. PALAKSHAIAH
- Citation / case number
- SC 2005/2398
- Court
- Supreme Court of India
- Petitioner
- SUBRAYAPPA
- Respondent
- D. PALAKSHAIAH
- Bench
- CJI K. G. BALAKRISHNAN & R. V. RAVEENDRAN
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the entire proceedings against all accused when only the first accused, a public servant, challenged the cognizance taken by the Magistrate due to lack of sanction under Section 197 CrPC. The Court clarified that the offences alleged against Accused Nos. 2, 4, and 5 were distinct and not subject to the same sanction requirement. Consequently, the judgment of the High Court was set aside concerning Accused Nos. 2, 4, and 5, allowing the appellant to proceed with the case against them.