VidhiSangh

Supreme Court of India · 26/11/2024

GURMEET KAUR versus DEVENDER GUPTA & ANOTHER

[2024] 11 S.C.R. 1602 · 2024 INSC 967

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Summary

A District Town Planner who, on her superiors' orders, demolished unauthorised construction in a controlled area was summoned on a private complaint without sanction. The Supreme Court held that the demolition was reasonably connected with her official duty and was not an excess, so sanction under Section 197 CrPC was required. It quashed the summoning order and held the complaint non est, with liberty to the complainant to seek sanction.

Issues

  1. Whether previous sanction under Section 197 CrPC was required before a private complaint under Section 200 CrPC could proceed against a District Town Planner (Enforcement) for a demolition carried out by her.
  2. Whether the demolition, carried out while the complainant's regularisation application was pending with another department, was an excess of official duty falling outside the protection of Section 197 CrPC.

Provisions considered

Held

Result

Appeals allowed; High Court orders set aside; summoning order dated 20.11.2014 and consequent proceedings quashed and the complaint held non est for want of sanction; liberty reserved to the first respondent to seek sanction in accordance with law.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 1602.