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Officials can't cry sanction for offences like cheating

A public servant cannot raise the issue of sanction to shut out his prosecution for his alleged involvement in the offences like cheating and criminal breach of trust as no such prior permission would be necessary to start proceedings against him for such acts, the Supreme Court held.

 A bench of justices S J Mukhopadhaya and Ranjan Gogoi reiterated the legal proposition with regard to the mandatory sanction - required under Section 197 of the Criminal Procedure Code – for initiating proceedings against public servants. 
“It can be no part of the duty of a public servant or acting in the discharge of his official duties to commit any of the offences covered by Section 406 (breach of trust) 409 (breach of trust by public servant), 420 (cheating) etc of the IPC and the official status of the public servant can, at best, only provide an opportunity for commission of the offences. Therefore, no sanction for prosecution of the public servant for such offences would be required,” the bench said.

 Article referred: http://www.deccanherald.com/content/419581/officials-can039t-cry-sanction-offences.html

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