Supreme Court of India · 2025-04-22
Central Bureau Of Investigation vs Ramesh Chander Diwan
- Court
- Supreme Court of India
- Petitioner
- Central Bureau Of Investigation
- Respondent
- Ramesh Chander Diwan
- Author
- Dipankar Datta
- Bench
- Dipankar Datta
Judgment text excerpt
The Supreme Court examined whether the High Court correctly discharged the respondent for offences under the Indian Penal Code due to lack of sanction under Section 197 of the Criminal Procedure Code. The High Court had discharged the respondent on the ground that no statutory sanction was obtained, which is a prerequisite for prosecuting public servants. The Court analyzed the statutory provisions and the procedural requirements, ultimately upholding the discharge order. The judgment clarifies the importance of obtaining proper sanctions before prosecuting public officials for criminal offences.