Supreme Court of India
Amal Kumar J Ha v. State of Chhatisgarh & Anr.
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What the Court ordered
In view of the aforesaid discussion, it is clear that the omission complained of due to which offence is stated to have been committed, was intrinsically connected with discharge of official cjuty of the appellant, as such the protection under section 197 Cr.PC from prosecution without sanction of the competent authority, is available to the appellant.
Judgment, page 14
From the headnote
Code of Criminal Procedure, 197 3 - ss. 17 3 and ./82 - Protection from prosecution without sanction - Availability of - Prosecution of doctor-in-charge of Primary Health Centre - u!s. 30./ !PC - Alleging him for not providing Government Vehicle for shifting the patient from Primary Health Centre to Disrl'ict Hospital - Application u!s . ./82 for quashing the criminal proceedings on the ground that he could not have been prosecuted without sanction uls. 197 - Dismissed - On appeal, held: The act of the accused was intrinsically concerned with discharge of his official duty - Hence protection
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