TaxTMI 
TaxTMI 
2015 (4) TMI 1065
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....4, 506 read with Section 149 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC'). 3. The appellant moved the High Court under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC'), which was declined by the impugned order. 4. The facts and reasons, as stated in the impugned order, read as follows: "6. A perusal of the averments in the complaint, sworn statement of the complainant and his witnesses go to show that the complainant was picked up from his garden land at about 10.00 a.m. on 6/6/2006 in the morning. Further averment reveals that this petitioner came to the police station later in the evening and detained him till 10.00 p.m. and also directed that he should not be let....
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....nment under Section 197 of CrPC, and that on that sole ground, the High Court should have quashed the proceedings. 6. The question, whether sanction is necessary or not, may arise on any stage of the proceedings, and in a given case, it may arise at the stage of inception as held by this Court in Om Prakash and others v. State of Jharkhand Through The Secretary, Department of Home, Ranchi 1 and another1. To quote: "41. The upshot of this discussion is that whether sanction is necessary or not has to be decided from stage to stage. This question may arise at any stage of the proceeding. In a given case, it may arise at the inception. There may be unassailable and unimpeachable circumstances on record which may establish at the outset t....
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.... wherein, at paragraph-7, it has been held as follows: "7. The protection given under Section 197 is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act as public servants. The policy of the legislature is to afford adequate protection to public servants to ensure that they are not prosecuted for anything done by them in the discharge of their official duties without reasonable cause, and if sanction is granted, to confer on the Government, if they choose to exercise it, complete control of the prosecution. This protection has certain limits and is available only when the alleged act done by....
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....lice excess, summed-up the guidelines at paragraph-32, which reads as follows: "32. The true test as to whether a public servant was acting or purporting to act in discharge of his duties would be whether the act complained of was directly connected with his official duties or it was done in the discharge of his official duties or it was so integrally connected with or attached to his office as to be inseparable from it (K. Satwant Singh). The protection given under Section 197 of the Code has certain limits and is available only when the alleged act done by the public servant is reasonably connected with the discharge of his official duty and is not merely a cloak for doing the objectionable act. If in doing his official duty, he acted ....