Supreme Court of India · 2012-02-28
OM KR. DHANKAR vs STATE OF HARYANA
- Citation / case number
- SC 2007/26612
- Court
- Supreme Court of India
- Petitioner
- OM KR. DHANKAR
- Respondent
- STATE OF HARYANA
- Author
- R.M. LODHA
- Bench
- H.L. GOKHALE R.M. LODHA
Judgment text excerpt
The Supreme Court held that the absence of sanction under Section 197 of the Criminal Procedure Code (CrPC) is a bar to the prosecution of a public servant for offenses under Sections 420, 406, and 161 IPC. The Court affirmed the High Court's dismissal of the complainant's revision petition, emphasizing that the Additional Sessions Judge correctly quashed the summoning order due to lack of requisite sanction. Consequently, the appeal was dismissed, upholding the lower court's ruling.