VidhiSangh

Supreme Court of India · 24/02/2025

SUNEETI TOTEJA versus STATE OF U.P. & ANOTHER

[2025] 2 S.C.R. 918 · 2025 INSC 267

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Summary

The Supreme Court quashed the chargesheet and summoning order against a BIS officer who, while on deputation as Presiding Officer of the FSSAI Internal Complaints Committee, had filed a counter affidavit before the CAT and dealt with the complainant. Her acts were in discharge of official duty, so previous sanction under Section 197 CrPC was necessary; Section 197 recognises no 'deemed sanction', and the competent authority (BIS) had expressly refused sanction.

Issues

  1. Whether previous sanction under Section 197 CrPC was required to prosecute the appellant for acts done as Presiding Officer of the Internal Complaints Committee.
  2. Whether sanction can be treated as 'deemed' to have been granted when the competent authority does not decide within the stipulated time.
  3. Whether the High Court ought to have quashed the chargesheet and summoning order under Section 482 CrPC.

Provisions considered

Held

Result

Appeal allowed; the chargesheet No. 01/2022 dated 02.07.2022, the summoning order and all consequent steps quashed qua the appellant.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 918.