Supreme Court of India · 2013-11-11
Philomena Dhanin vs State Of Rajasthan & Ors
- Court
- Supreme Court of India
- Petitioner
- Philomena Dhanin
- Respondent
- State Of Rajasthan & Ors
- Bench
- J. Chelameswar, H.L. Gokhale
Judgment text excerpt
The Supreme Court held that the protection under Section 197 of the Code of Criminal Procedure is not available for illegal acts committed by public servants, specifically in this case, the Sarpanch of Village Dhanin. The Court found that the High Court erred in quashing the proceedings against the Sarpanch, as he could be removed by a Panchayat resolution under Section 37 of the Rajasthan Panchayats Act. Consequently, the Court restored the proceedings initiated by the appellant against the Sarpanch under Sections 447, 336, 426, and 120 of the Indian Penal Code.