When act of accused connection directly and reasonably with his official duty, Sanction U/s- 197 of CrPC required for his prosecution
Criminal Appeal No. 396 of 2016
Bench: Justice V. Gopala Gowda; Justice Arun Mishra
Case Brief: In the facts of the case, the Appellant here being accused along with other two in the criminal case under section 304-A of the Indian Penal Code, 1860, where prosecution pleaded that appellant who was the in- charge of the Patthalgaon Hospital in the District of Raigad. And in the year 1995 an operation of Runiabai was conducted by another accused and when she was sent to home, she vomited and said another accused was approached and he sent one Aklu Ram- accused in the said case to administer some treatment. However, next month she died after brought to the Primary Health Centre, Patthalgaon. A case against these three accused persons was registered. However, both, the present appellant and that another accused filed application for discharge under section 197 of Code of Criminal Procedure on the ground that Sanction to prosecute was required and they could not be prosecuted without previous sanction. But, Magistrate allowed the application of another accused and rejected the one filed by appellant on the ground that he was in- charge of the said hospital and failed to provide Government jeep for shifting the patient to District hospital. And there was no ambulance in the said rural hospital, as such negligence was attributed to the appellant. His filed revision was also dismissed by the High Court by impugned order and as such this is an appeal.
The bench primarily observed that the present case is involving the allegation of omission in discharge of official duty in providing the Government vehicle for shifting the patient. As such, after analysing the various previous decisions of the top court, this bench decided that the refusal on the part of appellant is directly and reasonably connected with his official duty, as such sanction is required for the prosecution as provided under the said provisions of the Code of Criminal Procedure. As such, bench also observed that without previous sanction, the appellant could not have been prosecuted and also found that the Competent authority would be perfect to consider the question of grant of sanction as per law. Thus, orders of high court and lower court set aside and appeal allowed.
Read the Judgement: Amal Kumar Jha Vs. State of Chhatisgarh & Anr