Fakhruzamma vs State Of Jharkhand & Anr

The Supreme Court addressed the necessity of sanction under Section 197 Cr.P.C. for prosecuting a Sub-Inspector of Police, holding that such sanction is not required if the competent authority has already removed the officer from service. The Court emphasized that the High Court erred in its interpretation of the law, particularly in light of precedents such as Sankaran Moitra v. Sadhna Das and Rakesh Kumar Mishra v. State of Bihar. The appeal was allowed, reinforcing the requirement of sanction under Section 197 for public servants when acting in their official capacity.