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june 2016

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.

Punjab State Warehousing Corp vs Bhushan Chander & Anr · Niyam