Sanction under Section 197 CrPC not required where alleged money-laundering acts lack nexus with official duty.

Section 197 CrPC protection applies only when there is a reasonable nexus between the alleged conduct and discharge of official duty. Where public office merely provides the occasion for alleged offences such as illegal gratification, disproportionate assets, or laundering of proceeds of crime, the acts are not treated as official-duty acts. On the facts stated, no such nexus was shown, so prior sanction was not required at this stage and the writ petition could not be maintained on that ground.

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Issues: Whether the absence of prior sanction under Section 197 of the Code of Criminal Procedure, 1973 vitiates the continuation of proceedings under the Prevention of Money Laundering Act, 2002 at the present stage.

Analysis: The protection under Section 197 of the Code of Criminal Procedure, 1973 applies only where there is a reasonable nexus between the alleged act and the discharge of official duty. Where public office merely furnishes the occasion or opportunity to commit offences such as illegal gratification, possession of disproportionate assets, or laundering of proceeds of crime, the acts are not treated as acts done in discharge of official functions. The question of sanction may also be examined at a later stage on the evidence, but on the facts alleged there is no such nexus with official duty.

Conclusion: The absence of prior sanction does not vitiate the proceedings at this stage, and the writ petition is not maintainable on that ground.

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