Summary
A private complaint alleging police excesses during custody in a recorded criminal investigation was quashed for want of government sanction. The decisive test was a reasonable connection between the alleged act and official duty; excess or illegality did not alone remove protection, while wholly unrelated private acts remained outside it. Although necessity for sanction may emerge at different stages, the connection was apparent here. The High Court should have quashed the complaint rather than relegated the officer to discharge proceedings.
Issues
- When allegations against a police officer require prior government sanction.
- Whether the sanction question can be determined at the threshold under section 482 CrPC.
- Whether remitting the officer to seek discharge was justified.
Provisions considered
- Section 170, Karnataka Police Act, 1963Previous government sanction was required for the complaint concerning acts under colour of official duty. (¶¶ 19, 67, 68, 69, 70, 71, 72, 73, 74, 78, 81)
Held
- Sanction protection is limited to acts reasonably connected with official duty and does not extend to every offence by a police officer. Wholly private acts are outside it. Where the required connection exists, acting in excess of authority or illegally does not by itself dispense with sanction. (¶¶ 32, 36, 37, 67, 68, 69, 70, 71, 72, 73, 74)
- Whether sanction is necessary may be determined at any stage as relevant facts emerge. Section 482 jurisdiction is nevertheless available to quash proceedings that are plainly defective for want of sanction or constitute abuse of process; trial need not invariably precede that decision. (¶¶ 63, 75, 76, 77)
- The record showed allegations of excesses during custody in the investigation of a recorded crime, constituting acts under colour of duty. Prior sanction was therefore necessary. The High Court erred by refusing to quash and requiring the appellant instead to seek discharge under section 245. (¶¶ 78, 79, 80, 81)
Result
Appeal allowed; High Court judgment and order set aside and complaint quashed for want of sanction.