Supreme Court of India · 2013-12-12
FAKHRUZAMMA vs STATE OF JHARKHAND
- Citation / case number
- SC 2012/11636
- Court
- Supreme Court of India
- Petitioner
- FAKHRUZAMMA
- Respondent
- STATE OF JHARKHAND
- Author
- K.S. Radhakrishnan
- Bench
- A.K. SIKRI K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court held that prior sanction under Section 197 Cr.P.C. is not required for prosecuting a police officer if he has been removed from service by the competent authority, as per the Jharkhand Police Manual. The Court distinguished this case from previous rulings, asserting that the removal from service negates the necessity for sanction. The appeal was dismissed, affirming the High Court's decision that the prosecution could proceed without such sanction.