Sanction for prosecution under Section 197 Cr.P.C shall be obtained and presented before the Magistrate prior to stage of issuing of process to the accused under Section 204 Cr.P.C. At the same time, no sanction under Section 197 Cr.P.C is required for presentation of a complaint before the Magistrate or for recording of sworn statement of the complainant by the Magistrate. Question of applicability of Section 197 Cr.P.C has to be considered after examination of the complainant and his witnesses if any, by way of recording of their sworn statements by the Magistrate. There is no option for the criminal Court except to dismiss the complaint in case sanction required under Section 197 Cr.P.C is not obtained prior to issuing of process to the accused. The prohibition for taking cognizance of offence contained under Section 197(1) Cr.P.C is a mandatory prohibition and has to be considered at the threshold of the case and not at a subsequent stage. Therefore, taking cognizance of the case against the petitioner/A-1 in this case by the lower Court is not in accordance with law and is liable to be quashed. -2015 A.P.(2010)MSKLAWREPORTS


Sanction for prosecution under Section 197 Cr.P.C shall be obtained and presented before the Magistrate prior to stage of issuing of process to the accused under Section 204 Cr.P.C. 
At the same time, no sanction under Section 197 Cr.P.C is required for presentation of a complaint before the Magistrate or for recording of sworn statement of the complainant by the Magistrate. 
Question of applicability of Section 197 Cr.P.C has to be considered after examination of the complainant and his witnesses if any, by way of recording of their sworn statements by the Magistrate. 
There is no option for the criminal Court except to dismiss the complaint in case sanction required under Section 197 Cr.P.C is not obtained prior to issuing of process to the accused. 

The prohibition for taking cognizance of offence contained under Section 197(1) Cr.P.C is a mandatory prohibition and has to be considered at the threshold of the case and not at a subsequent stage. 

Therefore, taking cognizance of the case against the petitioner/A-1 in this case by the lower Court is not in accordance with law and is liable to be quashed. -2015 A.P.(2010)MSKLAWREPORTS

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