VidhiSangh

Supreme Court of India · 13/12/2024

OM PRAKASH YADAV versus NIRANJAN KUMAR UPADHYAY & ORS.

[2024] 12 S.C.R. 777

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Summary

The Supreme Court set aside the High Court's quashing, for want of sanction under Section 197 CrPC, of murder-conspiracy proceedings against Madhya Pradesh police officers accused of registering a bogus Excise Act case to give the main murder accused an alibi. Lodging a false case and fabricating evidence is no part of official duty; the officer not posted at the police station needed no sanction at all, and sanction for the others was left to be decided at trial.

Issues

  1. Whether the CJM, Firozabad could take cognizance of the chargesheets against respondent nos. 1, 3, 4 and 5 without sanction under Section 197 CrPC, that is, whether registering an allegedly false Excise Act case to create an alibi for a murder accused was an act done while acting or purporting to act in the discharge of official duty.
  2. At what stage the question of sanction may be raised and decided, and whether the High Court was right to quash the proceedings at a preliminary stage.

Provisions considered

Held

Result

Appeals allowed; High Court order quashing Case Nos. 67 of 2008 and 67A of 2009 set aside; trial to proceed before the CJM, Firozabad, with the question of sanction as to respondent nos. 3, 4 and 5 left open, and to be concluded preferably within one year.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 777.