Supreme Court · 2009 INSC 10 · Decided 7 January 2009
Choudhury Parveen Sultana v. State of West Bengal and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 10 · [2009] 1 S.C.R. 99
- Case number
- CRIMINAL APPEAL No. 8/2009
- Decided
- 7 January 2009
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3841506, 384, 506; CrPC Section 197
Headnote
A B Code of criminal Procedure, 1973 - s. 197 - Protection under - Availability of - Intimidation by police official - In the course of investigation - Complaint against - Cognizance of, C taken by Magistrate - High Court quashing the proceedings holding that prior sanction u/s. 197 requir:ed proceedings, since the offence committed during discharge of official duties - On appeal, held: Protection uls. 197 is not available if the public servant misuses or exceeds D its authority- On facts, acts done by the public servant cannot be said to be part of official duty - Hence, protection
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