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april 2016

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.

AMAL KUMAR JHA vs STATE OF CHHATISGARH · Niyam