Section 197 sanction for police officers depends on nexus with official duty; prosecution may proceed where facts do not justify a trial halt.

Section 197 CrPC protects public servants from vexatious prosecution only where the alleged act has a reasonable nexus with official duty, and its applicability is fact-dependent at the relevant stage of proceedings. The Gujarat HC found that the Sessions Court had ignored material circumstances and proceeded on an incomplete appreciation of the evidence and surrounding facts. On that record, the alleged conduct by the police officer was not enough to halt the trial for want of prior sanction at that stage. The prosecution was therefore permitted to proceed, and previous sanction was not treated as a present bar.

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Issues: Whether the prosecution against a police officer for acts alleged to have been done in connection with investigation and custody could proceed without previous sanction under Section 197 of the Code of Criminal Procedure, 1973.

Analysis: The protection under Section 197 is intended to prevent vexatious prosecution of public servants, but it depends on whether the alleged act has a reasonable nexus with the discharge or purported discharge of official duty. The applicability of the bar is fact-dependent and may be examined at different stages of the proceedings. On the material on record, the Court found that the Sessions Court had ignored relevant circumstances and had proceeded on an incomplete appreciation of the evidence and surrounding facts. The alleged conduct was not such as to justify stalling the trial at that stage on the ground of want of sanction.

Conclusion: Previous sanction under Section 197 was not a bar at the present stage, and the trial was permitted to proceed.

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