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    <title>1994 (9) TMI 347 - Supreme Court</title>
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    <description>Section 197 CrPC requires prior sanction before cognizance where the alleged offence has a reasonable nexus with a public servant&#039;s official duty. Statements made in a counter-affidavit defending official action may be protected if they are closely connected with the matter under challenge. Here, the impugned averments were made only in response to a writ petition concerning transfer and were directly linked to the official function being defended. Sanction was therefore a condition precedent to prosecution, and the criminal proceedings were liable to be quashed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=174807</link>
      <description>Section 197 CrPC requires prior sanction before cognizance where the alleged offence has a reasonable nexus with a public servant&#039;s official duty. Statements made in a counter-affidavit defending official action may be protected if they are closely connected with the matter under challenge. Here, the impugned averments were made only in response to a writ petition concerning transfer and were directly linked to the official function being defended. Sanction was therefore a condition precedent to prosecution, and the criminal proceedings were liable to be quashed.</description>
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