Section 197 sanction challenge left open for trial court consideration; liberty preserved to seek exemption from personal attendance.

Section 197 sanction was treated as an issue that could be examined by the trial court at the appropriate stage, depending on the evidence led during trial, so no interference was considered necessary with the High Court's order at this stage. The petitioner's challenge in the special leave petitions was therefore not entertained on merits, and the sanction question was left open before the trial court. Liberty was also preserved to seek exemption from personal attendance before the trial court under the provisions corresponding to Sections 205 and 317 of the Code of Criminal Procedure, 1973 and Sections 228 and 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Issues: Whether the challenge to the criminal proceedings on the ground of absence of sanction under Section 197 of the Code of Criminal Procedure, 1973 warranted interference at the stage of the special leave petitions, and whether liberty could be given to seek exemption from personal attendance.

Analysis: The sanction question under Section 197 of the Code of Criminal Procedure, 1973 was treated as one that may be examined by the trial court at an appropriate stage depending on the evidence led during trial. In the circumstances, no interference was considered necessary with the High Court's order at this stage. The petitioner was left at liberty to seek exemption from personal attendance before the trial court under the provisions corresponding to Sections 205 and 317 of the Code of Criminal Procedure, 1973 and Sections 228 and 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Conclusion: The petition was not entertained on merits at this stage, and the petitioner's remedy on sanction was left open before the trial court. Liberty to seek exemption from personal attendance was preserved.

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