Supreme Court of India · 2016-04-26
AMAL KUMAR JHA vs STATE OF CHHATISGARH
- Citation / case number
- SC 2011/11252
- Court
- Supreme Court of India
- Petitioner
- AMAL KUMAR JHA
- Respondent
- STATE OF CHHATISGARH
- Author
- ARUN MISHRA
- Bench
- ARUN MISHRA V. GOPALA GOWDA
Judgment text excerpt
The Supreme Court held that under Section 197(1) Cr.P.C., sanction is required to prosecute a public servant for acts done in the discharge of official duty. The Court found that the appellant's alleged negligence in failing to provide a government vehicle for a patient constituted an act in discharge of official duty, thus necessitating sanction for prosecution. The Court overturned the lower courts' decisions, ruling that the rejection of the appellant's application for discharge was incorrect, and the prosecution could not proceed without the requisite sanction.