https://www.taxtmi.com/caselaws?id=331117 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. en-us Thu, 19 Nov 2015 00:00:00 +0530 Fri, 12 Aug 2016 18:45:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=331117 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. Case-Laws Indian Laws Thu, 19 Nov 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=331117