Sanction under criminal procedure law can be raised before charge when the act has a reasonable nexus with official duty.

Section 197 of the Code of Criminal Procedure can be invoked before framing of charge because the sanction bar goes to the court's power to take cognizance and may be examined on materials lawfully available at any stage. The provision also applies where the alleged act has a reasonable nexus with official duty: on the stated facts, ordering firing while deployed to remove encroachment was treated as connected with the discharge of official functions, not as a private or wholly unrelated act. Prior sanction was therefore necessary, and in its absence the prosecution could not lawfully continue against the appellant.

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Issues: (i) Whether the plea of absence of sanction under Section 197 of the Code of Criminal Procedure could be raised before the stage of framing of charge; (ii) Whether, on the facts alleged, the appellant's act in ordering firing while removing encroachment was so connected with the discharge of official duty as to attract Section 197 of the Code of Criminal Procedure.

Issue (i): Whether the plea of absence of sanction under Section 197 of the Code of Criminal Procedure could be raised before the stage of framing of charge.

Analysis: The bar under Section 197 operates on the court's power to take cognizance, and the question of sanction goes to jurisdiction. The accused is not required to wait until framing of charge to raise the objection; the issue may be examined at any stage on the basis of materials lawfully available.

Conclusion: The plea of want of sanction could be raised before the stage of framing of charge.

Issue (ii): Whether, on the facts alleged, the appellant's act in ordering firing while removing encroachment was so connected with the discharge of official duty as to attract Section 197 of the Code of Criminal Procedure.

Analysis: The allegations themselves showed that the appellant was present pursuant to official orders, was deployed with police force to remove encroachment, and ordered firing only to control the mob during that assignment. The act had a reasonable nexus with the official duty and was not a private or wholly unrelated act.

Conclusion: Section 197 of the Code of Criminal Procedure was attracted and prior sanction was necessary.

Final Conclusion: In the absence of sanction, the cognizance taken against the appellant could not be sustained and the criminal proceeding was liable to be quashed insofar as he was concerned.

Ratio Decidendi: Where the alleged act has a reasonable connection with the discharge of official duty, the bar under Section 197 of the Code of Criminal Procedure applies at the stage of cognizance itself and prosecution cannot proceed without prior sanction of the competent Government.

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