D T Virupakshappa vs C Subash

The Supreme Court held that the necessity of prior sanction under Section 197 of the Code of Criminal Procedure, 1973, for taking cognizance of an offence against a public servant can be determined at any stage of the proceedings. The Court emphasized that if there are clear circumstances indicating that the public servant was acting in the performance of official duty, the question of sanction must be addressed early in the process. The appeal was dismissed, affirming the High Court's decision to not quash the proceedings against the appellant despite the claim of lack of sanction.