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january 2009

Supreme Court of India · 2009-01-07

Choudhury Parveen Sultana vs State Of West Bengal & Anr

Citation / case number
AIR 2009 SUPREME COURT 1404
Court
Supreme Court of India
Petitioner
Choudhury Parveen Sultana
Respondent
State Of West Bengal & Anr
Author
Altamas Kabir
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that Section 197 of the Code of Criminal Procedure requires prior sanction from the State Government for prosecuting a public servant for acts done in the discharge of official duties. The Court found that the allegations against the respondent, a Deputy Superintendent of Police, were related to actions taken during the course of his official duties, thus necessitating such sanction. Consequently, the Court quashed the cognizance taken against the respondent due to the absence of the required sanction under Section 197 Cr.P.C.

Choudhury Parveen Sultana vs State Of West Bengal & Anr · Niyam