Supreme Court of India · 2016-06-29
Punjab State Warehousing Corp vs Bhushan Chander & Anr
- Citation / case number
- AIR 2016 SUPREME COURT 3014
- Court
- Supreme Court of India
- Petitioner
- Punjab State Warehousing Corp
- Respondent
- Bhushan Chander & Anr
- Author
- Dipak Misra
- Bench
- Shiva Kirti Singh, Dipak Misra
Judgment text excerpt
The Supreme Court held that the trial of the first respondent, an employee of the appellant Corporation, was invalid due to the absence of sanction under Section 197 of the Code of Criminal Procedure, 1973, as he was deemed a public servant. The Court emphasized that the requirement for sanction is to protect public servants from vexatious criminal proceedings, and since the necessary sanction was not obtained, the conviction under Sections 409, 467, 468, and 471 IPC was set aside. The judgment clarified the application of Section 197 CrPC in cases involving public servants.