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.