The alleged indulgence of the officers in cheating,
fabrication of records or misappropriation cannot be said to be
in discharge of their official duty. Their official duty is not to
fabricate records or permit evasion of payment of duty and
cause loss to the Revenue. Unfortunately, the High Court
missed these crucial aspects. The learned Magistrate has
correctly taken the view that if at all the said view of sanction is
to be considered, it could be done at the stage of trial only.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 129 OF 2013
Inspector of Police and another … Appellant (s)
Versus
Battenapatla Venkata Ratnam and another ... Respondent (s)
Citation; 2015 (4) crimes 267 SC
1. Whether sanction under Section 197 of The Code of
Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) is
required to initiate criminal proceedings in respect of offences
under Sections 420, 468, 477A, 120B read with 109 of the
Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’),
is the question arising for consideration in these cases.
2. The District Registrar, Vijayawada lodged a complaint
with the Inspector of Police, CBCID Vijayawada on 07.07.1999.
The main allegation against the respondents was that while
they were working as Sub-Registrars in various offices in the
State of Andhra Pradesh, they conspired with stamp vendors
and document writers and other staff to gain monetary benefit
and resorted to manipulation of registers and got the
registration of the documents with old value of the properties,
resulting in wrongful gain to themselves and loss to the
Government, and thereby cheated the public and the
Government.
2Page 3
3. On the basis of the complaint, F.I.R. No. 35/1999 was
registered by the appellant, and after investigation, report
under Section 173(2) CrPC against 41 persons including the
respondents herein, was submitted before the III Additional
Chief Metropolitan Magistrate, Vijayawada. The respondents
raised the objection that there was no sanction under Section
197 CrPC and hence the proceedings could not be initiated.
4. Learned Magistrate on 03.07.2007 passed an order
holding that:
“Whether the sanction is required under Section
197 Cr.PC. or not to be considered during the
trial and it is the burden on the complainant to
prove that the accused acted beyond in
discharge of their official duties and there is no
nexus between the acts committed and their
official duties and at this stage the question that
the accused acted within their duties cannot be
decided.”
5. Aggrieved, respondents moved the High Court under
Section 482 CrPC leading to the impugned order whereby the
criminal proceedings were quashed on the sole ground that
there was no sanction under Section 197 CrPC, and hence the
appeals.
6. Heard Mr. Guntur Prabhakar, Ms. Prerna Singh and
Mr. D. Mahesh Babu, learned Counsel appearing for the
3Page 4
appellants and Shri K. Maruthi Rao, Mr. K. Subba Rao, Mr.
Aniruddha P. Mayee, Mr. V. Sridhar Reddy and Mr. V. N.
Raghupathy, learned Counsel appearing for the respondents.
7. No doubt, while the respondents indulged in the alleged
criminal conduct, they had been working as public servants.
The question is not whether they were in service or on duty or
not but whether the alleged offences have been committed by
them “while acting or purporting to act in discharge of their
official duty”. That question is no more res integra. In
Shambhoo Nath Misra v. State of U.P. and others1
, at
paragraph-5, this Court held that:
“5. The question is when the public
servant is alleged to have committed the
offence of fabrication of record or
misappropriation of public fund etc. can he be
said to have acted in discharge of his official
duties. It is not the official duty of the public
servant to fabricate the false records and
misappropriate the public funds etc. in
furtherance of or in the discharge of his official
duties. The official capacity only enables him to
fabricate the record or misappropriate the
public fund etc. It does not mean that it is
integrally connected or inseparably interlinked
with the crime committed in the course of the
same transaction, as was believed by the
learned Judge. Under these circumstances, we
are of the opinion that the view expressed by
the High Court as well as by the trial court on
1
(1997) 5 SCC 326
4Page 5
the question of sanction is clearly illegal and
cannot be sustained.”
8. In Parkash Singh Badal v. State of Punjab and
others2
, at paragraph-20, this Court held that:
“20. The principle of immunity protects all acts
which the public servant has to perform in the
exercise of the functions of the Government.
The purpose for which they are performed
protects these acts from criminal prosecution.
However, there is an exception. Where a
criminal act is performed under the colour of
authority but which in reality is for the public
servant’s own pleasure or benefit then such
acts shall not be protected under the doctrine of
State immunity.”
and thereafter, at paragraph-38, it was further held that:
“38. The question relating to the need of
sanction under Section 197 of the Code is not
necessarily to be considered as soon as the
complaint is lodged and on the allegations
contained therein. This question may arise at
any stage of the proceeding. The question
whether sanction is necessary or not may have
to be determined from stage to stage.”
9. In a recent decision in Rajib Ranjan and others v.
R. Vijaykumar3
, at paragraph-18, this Court has taken the
view that … “even while discharging his official duties, if a
public servant enters into a criminal conspiracy or indulges in
2
(2007) 1 SCC 1
3
(2015) 1 SCC 513
5Page 6
criminal misconduct, such misdemeanour on his part is not to
be treated as an act in discharge of his official duties and,
therefore, provisions of Section 197 of the Code will not be
attracted”.
10. Public servants have, in fact, been treated as special
category under Section 197 CrPC, to protect them from
malicious or vexatious prosecution. Such protection from
harassment is given in public interest; the same cannot be
treated as shield to protect corrupt officials. In Subramanian
Swamy v. Manmohan Singh and another4
, at paragraph-74,
it has been held that the provisions dealing with Section 197
CrPC must be construed in such a manner as to advance the
cause of honesty, justice and good governance. To quote:
“74. … Public servants are treated as a
special class of persons enjoying the said
protection so that they can perform their duties
without fear and favour and without threats of
malicious prosecution. However, the said
protection against malicious prosecution which
was extended in public interest cannot become
a shield to protect corrupt officials. These
provisions being exceptions to the equality
provision of Article 14 are analogous to the
provisions of protective discrimination and
these protections must be construed very
narrowly. These procedural provisions relating
to sanction must be construed in such a manner
as to advance the causes of honesty and justice
4
(2012) 3 SCC 64
6Page 7
and good governance as opposed to escalation
of corruption.”
11. The alleged indulgence of the officers in cheating,
fabrication of records or misappropriation cannot be said to be
in discharge of their official duty. Their official duty is not to
fabricate records or permit evasion of payment of duty and
cause loss to the Revenue. Unfortunately, the High Court
missed these crucial aspects. The learned Magistrate has
correctly taken the view that if at all the said view of sanction is
to be considered, it could be done at the stage of trial only.
12. Resultantly, the impugned orders are set aside. Appeals
are allowed. The criminal proceedings initiated being of the
year 1999, we direct the trial court to dispose of the cases as
expeditiously as possible at any date on or before 31.12.2015.
………..………………………..J.
(KURIAN JOSEPH)
……..……………..……………J.
(ADARSH KUMAR GOEL)
New Delhi;
April 13, 2015.
7
Print Page
fabrication of records or misappropriation cannot be said to be
in discharge of their official duty. Their official duty is not to
fabricate records or permit evasion of payment of duty and
cause loss to the Revenue. Unfortunately, the High Court
missed these crucial aspects. The learned Magistrate has
correctly taken the view that if at all the said view of sanction is
to be considered, it could be done at the stage of trial only.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 129 OF 2013
Inspector of Police and another … Appellant (s)
Versus
Battenapatla Venkata Ratnam and another ... Respondent (s)
Citation; 2015 (4) crimes 267 SC
1. Whether sanction under Section 197 of The Code of
Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) is
required to initiate criminal proceedings in respect of offences
under Sections 420, 468, 477A, 120B read with 109 of the
Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’),
is the question arising for consideration in these cases.
2. The District Registrar, Vijayawada lodged a complaint
with the Inspector of Police, CBCID Vijayawada on 07.07.1999.
The main allegation against the respondents was that while
they were working as Sub-Registrars in various offices in the
State of Andhra Pradesh, they conspired with stamp vendors
and document writers and other staff to gain monetary benefit
and resorted to manipulation of registers and got the
registration of the documents with old value of the properties,
resulting in wrongful gain to themselves and loss to the
Government, and thereby cheated the public and the
Government.
2Page 3
3. On the basis of the complaint, F.I.R. No. 35/1999 was
registered by the appellant, and after investigation, report
under Section 173(2) CrPC against 41 persons including the
respondents herein, was submitted before the III Additional
Chief Metropolitan Magistrate, Vijayawada. The respondents
raised the objection that there was no sanction under Section
197 CrPC and hence the proceedings could not be initiated.
4. Learned Magistrate on 03.07.2007 passed an order
holding that:
“Whether the sanction is required under Section
197 Cr.PC. or not to be considered during the
trial and it is the burden on the complainant to
prove that the accused acted beyond in
discharge of their official duties and there is no
nexus between the acts committed and their
official duties and at this stage the question that
the accused acted within their duties cannot be
decided.”
5. Aggrieved, respondents moved the High Court under
Section 482 CrPC leading to the impugned order whereby the
criminal proceedings were quashed on the sole ground that
there was no sanction under Section 197 CrPC, and hence the
appeals.
6. Heard Mr. Guntur Prabhakar, Ms. Prerna Singh and
Mr. D. Mahesh Babu, learned Counsel appearing for the
3Page 4
appellants and Shri K. Maruthi Rao, Mr. K. Subba Rao, Mr.
Aniruddha P. Mayee, Mr. V. Sridhar Reddy and Mr. V. N.
Raghupathy, learned Counsel appearing for the respondents.
7. No doubt, while the respondents indulged in the alleged
criminal conduct, they had been working as public servants.
The question is not whether they were in service or on duty or
not but whether the alleged offences have been committed by
them “while acting or purporting to act in discharge of their
official duty”. That question is no more res integra. In
Shambhoo Nath Misra v. State of U.P. and others1
, at
paragraph-5, this Court held that:
“5. The question is when the public
servant is alleged to have committed the
offence of fabrication of record or
misappropriation of public fund etc. can he be
said to have acted in discharge of his official
duties. It is not the official duty of the public
servant to fabricate the false records and
misappropriate the public funds etc. in
furtherance of or in the discharge of his official
duties. The official capacity only enables him to
fabricate the record or misappropriate the
public fund etc. It does not mean that it is
integrally connected or inseparably interlinked
with the crime committed in the course of the
same transaction, as was believed by the
learned Judge. Under these circumstances, we
are of the opinion that the view expressed by
the High Court as well as by the trial court on
1
(1997) 5 SCC 326
4Page 5
the question of sanction is clearly illegal and
cannot be sustained.”
8. In Parkash Singh Badal v. State of Punjab and
others2
, at paragraph-20, this Court held that:
“20. The principle of immunity protects all acts
which the public servant has to perform in the
exercise of the functions of the Government.
The purpose for which they are performed
protects these acts from criminal prosecution.
However, there is an exception. Where a
criminal act is performed under the colour of
authority but which in reality is for the public
servant’s own pleasure or benefit then such
acts shall not be protected under the doctrine of
State immunity.”
and thereafter, at paragraph-38, it was further held that:
“38. The question relating to the need of
sanction under Section 197 of the Code is not
necessarily to be considered as soon as the
complaint is lodged and on the allegations
contained therein. This question may arise at
any stage of the proceeding. The question
whether sanction is necessary or not may have
to be determined from stage to stage.”
9. In a recent decision in Rajib Ranjan and others v.
R. Vijaykumar3
, at paragraph-18, this Court has taken the
view that … “even while discharging his official duties, if a
public servant enters into a criminal conspiracy or indulges in
2
(2007) 1 SCC 1
3
(2015) 1 SCC 513
5Page 6
criminal misconduct, such misdemeanour on his part is not to
be treated as an act in discharge of his official duties and,
therefore, provisions of Section 197 of the Code will not be
attracted”.
10. Public servants have, in fact, been treated as special
category under Section 197 CrPC, to protect them from
malicious or vexatious prosecution. Such protection from
harassment is given in public interest; the same cannot be
treated as shield to protect corrupt officials. In Subramanian
Swamy v. Manmohan Singh and another4
, at paragraph-74,
it has been held that the provisions dealing with Section 197
CrPC must be construed in such a manner as to advance the
cause of honesty, justice and good governance. To quote:
“74. … Public servants are treated as a
special class of persons enjoying the said
protection so that they can perform their duties
without fear and favour and without threats of
malicious prosecution. However, the said
protection against malicious prosecution which
was extended in public interest cannot become
a shield to protect corrupt officials. These
provisions being exceptions to the equality
provision of Article 14 are analogous to the
provisions of protective discrimination and
these protections must be construed very
narrowly. These procedural provisions relating
to sanction must be construed in such a manner
as to advance the causes of honesty and justice
4
(2012) 3 SCC 64
6Page 7
and good governance as opposed to escalation
of corruption.”
11. The alleged indulgence of the officers in cheating,
fabrication of records or misappropriation cannot be said to be
in discharge of their official duty. Their official duty is not to
fabricate records or permit evasion of payment of duty and
cause loss to the Revenue. Unfortunately, the High Court
missed these crucial aspects. The learned Magistrate has
correctly taken the view that if at all the said view of sanction is
to be considered, it could be done at the stage of trial only.
12. Resultantly, the impugned orders are set aside. Appeals
are allowed. The criminal proceedings initiated being of the
year 1999, we direct the trial court to dispose of the cases as
expeditiously as possible at any date on or before 31.12.2015.
………..………………………..J.
(KURIAN JOSEPH)
……..……………..……………J.
(ADARSH KUMAR GOEL)
New Delhi;
April 13, 2015.
7
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