Supreme Court of India · 2009-02-11
M. Gopalakrishnan vs State By Addl. S.P. Cbi, Bs&Fc; ...
- Court
- Supreme Court of India
- Petitioner
- M. Gopalakrishnan
- Respondent
- State By Addl. S.P. Cbi, Bs&Fc; ...
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the absence of sanction for prosecution under Section 197(1)(a) of the Code of Criminal Procedure, 1973, renders the cognizance taken by the court illegal for public servants. The Court emphasized that the requirement of sanction is crucial when the allegations pertain to actions taken in the course of official duties. Consequently, the appeals were allowed, and the proceedings against the appellant were quashed due to lack of necessary sanction.