A K SANGHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these two Cr. Misc. Petitions a very simple question arises whether Section 197 Cr. P. C. will be applicable in the case of the petitioners.

(2.) I have heard the learned counsel for the petitioners in both the cases as well as learned Public Prosecutor.

(3.) IN the circumstances if A. K. Sanghi did anything, it was in performance of his official duty. Similarly, if Rajiv Mehrishi consented, it was also in performance of his official duty. So when both of them were removable only by Government it was necessary to obtain sanction for their prosecution as per provisions of Section 197 Cr. P. C. Consequently, A. K. Sanghi and Rajiv Mehrishi cannot be prosecuted without sanction under Section 197 Cr. P. C.