VidhiSangh

Supreme Court of India · 01/04/2026

SAMARENDRA NATH KUNDU & ANR. versus SADHANA DAS & ANR.

[2026] 4 S.C.R. 273 · 2026 INSC 304

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Summary

The two police officers who were appellants could be removed from service without the Government's sanction, so Section 197(1) CrPC did not protect them, and an earlier quashing for want of sanction in a co-accused senior officer's case did not benefit them. A later State notification under Section 197(3), extending Section 197(2) to subordinate police ranks, did not affect cognizance validly taken years before it. The High Court's direction to proceed against them was upheld.

Issues

  1. Whether co-accused subordinate police officers were entitled to the benefit of the Supreme Court's earlier decision quashing the complaint against a senior co-accused for want of sanction under Section 197(1) CrPC.
  2. Whether a State notification under Section 197(3) CrPC, issued after cognizance had been taken, entitled the appellants to the protection of Section 197(2).

Provisions considered

Held

Result

Appeal dismissed; the High Court's order directing the Magistrate to proceed against the appellants upheld; interim orders discharged; no opinion expressed on merits.

Judgment PDF: Supreme Court of India, [2026] 4 S.C.R. 273.