Prior sanction for official-duty offences bars cognizance where alleged acts have a reasonable nexus with public functions.

Prior sanction under Section 197 CrPC is required before cognizance where the alleged acts of a public servant are pleaded to have a reasonable nexus with official duty or to have been done under colour of office. The governing test is whether the complained-of act bears such connection with official functions that the accused can reasonably claim it was done by virtue of office. Because the prosecution case itself attributed the impugned conduct to official involvement in the transfer of the plot, sanction was a condition precedent to cognizance. In the absence of mandatory prior sanction from the Central Government, the cognizance order, summons and ensuing proceedings were unsustainable.

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Issues: Whether prior sanction under Section 197 of the Code of Criminal Procedure, 1973 was required before cognizance could be taken for the alleged offences, and whether the order taking cognizance and issuing summons was valid.

Analysis: The allegations in the charge-sheet attributed the impugned acts to the appellants in the course of their official functions and in connection with the transfer of the plot. The governing test is whether the act complained of bears a reasonable connection with official duty so that the accused can reasonably claim it was done by virtue of office. Sanction is not required for every offence by a public servant, but it is attracted where the alleged act is directly connected with official duties or done under colour of office. Since the prosecution case itself pleaded such official involvement, the question of prior sanction had to be answered before cognizance was taken.

Conclusion: Prior sanction from the Central Government under Section 197 of the Code of Criminal Procedure, 1973 was required, and in its absence the cognizance order and summons were unsustainable.

Final Conclusion: The proceedings were quashed and the appeals succeeded because cognizance had been taken without the mandatory prior sanction.

Ratio Decidendi: Where the alleged offence by a public servant is pleaded to have a reasonable nexus with official duty, prior sanction is a condition precedent to cognizance, and absence of such sanction vitiates the criminal proceedings.

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