Supreme Court of India

Om Kr. Dhankar v. State of Haryana & Anr.

Neutral citation

Reported as [2012] 1 S.C.R. 1160

Bench R.M. Lodha and H. L. Gokhale JJ.

Decided 28 February 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above legal position, the Additional Sessions Judge and the High Court were not right in holding that for prosecuting the respondent No. 2 for the offences for which the s•Jmmoning order has been issued, the sanction of the competent authority under Section 197 Cr.P.C. is required.

Judgment, page 8

From the headnote

CODE OF CRIMINAL PROCEDURE, 1973: c s.397 - Revision - Order of Magistrate directing issuance of summons - Held: Is open to challenge under the revisional jurisdiction. s.197 - Prosecution of public servant - Requirement of previous sanction - Held: offence of cheating u/s 420 /PC cannot be regarded as having been committed by any public servant while acting or purporling to act in discharge of official duty - Therefore, sanction of competent authority uls 197 CrPC was not required - Trial courl shall proceed as per the summoning order - Penal Code, 1860 - ss.420, 406 and 161. The appellant,

Authorities it was built on

2006 Parkash Singh Badal and Anr. v. State of Punjab and Ors. cited by 20
1977 Madhu Limaye v. The State of Maharashtra cited by 11
1977 Amar Nath and Others. v. State of Haryana & Others cited by 8
1999 Rajendra Kumar Sitaram Pande Etc. v. Uttam and Another cited by 6
1991 K.M. Mathew v. State of Kerala and Anr. cited by 4
2006 Rakesh Kumar Mishra v. The State of Bihar and Ors. cited by 4

Where later benches applied it

2018 Taniya Malik v. The Registrar General of the High Court of Delhi mentioned
2016 Punjab State Warehousing Corp. v. Bhushan Chander & Anr. mentioned
2013 Urmila Devi v. Yudhvir Singh mentioned

Of those, 3 mentioned

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