Sanction for Prosecution -- Direction for Registration of FIR Against Public Servants -- Sanction needed only at stage of cognizance
(i) Code of Criminal Procedure, 1973, S.197 -- Sanction for Prosecution -- Direction for Registration of FIR Against Public Servants -- Direction by Magistrate under Section 156(3) is a step before cognizance -- Prior sanction is a condition for taking cognizance only -- It is not needed for registration of FIR or for investigation -- FIR cannot be quashed for want of sanction. (ii) Code of Criminal Procedure, 1973, S.156(3) -- Magistrate's Direction to Investigate -- Complaint Against Police Officials Made to Superior Police Authorities -- Complainant who has approached local police and then senior police authorities has met the object of the guidelines on prior approach to police -- Insisting on a formal representation to the Superintendent of Police is a matter of form over substance.
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