Supreme Court Rules That Sanction under Section 197 Cr.P.C. to Prosecute Public Servant Cannot Be Re-granted on Same Material Once Denied
In State of Telangana v. C. Shobha Rani, the Supreme Court held that once sanction to prosecute a public servant is denied, it cannot be re-granted unless new material is presented to justify it. The Court stated that the subsequent sanction, based on the same material as the initial refusal, cannot be upheld.
The case involved a criminal appeal by the State of Telangana challenging the High Court's decision to quash proceedings against C. Shobha Rani, who was charged with various offenses under the IPC and the Prevention of Corruption Act. The High Court had quashed the proceedings, reasoning that the subsequent sanction to prosecute was invalid as it was based on the same material as the original denial.
The Supreme Court agreed with the High Court's view that a mere change of opinion could not justify the subsequent sanction, as there was no new evidence. However, the Court found that the High Court had not examined the merits of the charges under IPC Sections 420, 467, 468, 471, and 120B. The Court set aside the High Court's quashing of these charges, remitting the matter for fresh consideration, and directed the High Court to decide the applicability of these charges within four months.