Chandan Kumar Basu vs State Of Bihar

The Supreme Court addressed the issue of whether prior sanction under Section 197 of the Code of Criminal Procedure is necessary for prosecuting a public servant. The Court held that the appellant, being an Administrator-cum-Managing Director of a cooperative society, does not qualify as a public servant under Section 21 IPC, and thus, the requirement for sanction does not apply. Consequently, the appeals challenging the orders of the High Court were dismissed, affirming the lower courts' decisions regarding the cognizance of the offences against the appellant.