New Delhi, Sep 11 (UNI) The Supreme Court today declined to interfere with a trial court order framing charges against a public servant in a corruption case, ruling that the requirement of sanction under Section 197 of the Code of Criminal Procedure (CrPC) for offences under the Indian Penal Code (IPC) can be examined at any stage of the trial.
A Bench of Justice J.B. Pardiwala and Justice Sandeep Mehta held that whether the alleged acts were committed in discharge of official duty depends on the evidence produced during the proceedings.
The case concerns a public servant facing trial for offences under Sections 120B (criminal conspiracy), 409 (criminal breach of trust by public servant), 477A (falsification of accounts), and 420 (cheating) of the IPC, as well as offences under the Prevention of Corruption Act.
While a valid sanction under the Prevention of Corruption Act was obtained, no separate sanction under Section 197 CrPC was secured for the IPC charges. The petitioner’s revision petitions challenging the framing of charges were dismissed by the High Court, prompting an appeal to the Supreme Court.
Senior Advocate K. Parameshwar, appearing for the petitioner, argued that the absence of a sanction under Section 197 CrPC rendered the framing of IPC charges void and illegal, as proceedings could not have been initiated without such sanction.
Rejecting the plea, the Bench said the challenge to the charge framing was premature. “We are of the view that the issue of sanction under Section 197 CrPC can be taken up before the Trial Court at any stage of the proceedings. It would all depend on the nature of the evidence that the prosecution may lead in the course of the trial,” the Bench observed.
The ruling reinforces that procedural requirements like sanctions must be assessed contextually during the trial and not as a ground to prematurely challenge charge framing.
The trial will now proceed, with the petitioner at liberty to raise the sanction issue at an appropriate stage based on evidence.
