CHOUDHURY PARVEEN SULTANA vs STATE OF WEST BENGAL

The Supreme Court held that Section 197 of the Code of Criminal Procedure mandates 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, pertained to actions taken during an investigation, thus requiring such sanction. Consequently, the Court quashed the cognizance taken by the Magistrate due to the absence of the necessary sanction, reinforcing the protective scope of Section 197 Cr.P.C.