Section 197 CrPC sanction protection is limited to acts connected with official duty; quashing was found unsustainable.

Section 197 CrPC protection applies only where the complained-of act has a direct or reasonable nexus with official duty or is done under colour of office; it does not extend to a fabricated criminal case, criminal conspiracy, or misuse of authority. On the materials noted, the proceedings should not have been quashed at the threshold for want of sanction. For one respondent, sanction did not arise because he was not posted at the relevant police station at the material time; for the others, the nexus with official duty was left open for trial on evidence. The quashing order was held unsustainable and the criminal proceedings were restored.

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Issues: Whether the criminal proceedings against public servants could be quashed for want of sanction under Section 197 of the Code of Criminal Procedure, 1973 on the footing that the alleged acts were done while acting or purporting to act in the discharge of official duty.

Analysis: The governing test is whether the act complained of has a direct or reasonable nexus with the discharge of official duty, or whether the official status merely furnished an opportunity to commit an unlawful act. The protection of sanction is not available where the allegation is of a bogus or fabricated criminal case, criminal conspiracy, or misuse of office under the color of authority, because such conduct is dehors official duty. On the materials placed, the Court found that, at least prima facie, the proceedings should not have been quashed at the threshold. As regards one respondent, he was not posted at the concerned police station at the relevant time, so the plea of sanction did not arise. As regards the other respondents, the question whether their acts were truly connected with official duty was left open to be examined at the trial stage on proper evidence.

Conclusion: The answer is in the negative: sanction under Section 197 of the Code of Criminal Procedure, 1973 was not shown to be a bar to continuation of the proceedings at the stage at which the High Court quashed them. The quashing order was unsustainable.

Final Conclusion: The criminal proceedings were restored, and the trial court was directed to proceed in accordance with law, with the issue of sanction left open for reconsideration at the appropriate stage if the evidence so warranted.

Ratio Decidendi: Protection under Section 197 of the Code of Criminal Procedure, 1973 applies only to acts reasonably connected with official duty or done under color of office, and not to acts amounting to a fabricated case, criminal conspiracy, or other misuse of public authority.

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