Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

[03 September 2021]

The Kerala High Court held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Justice R Narayana Pisharadi while ruling so, dismissed a couple of revision petitions filed by the Central Bureau of Investigation (CBI) challenging the order of Special CBI Judge allowing applications for discharge filed by two accused in a criminal case.