District Jammu vs Channi Himmat on 28 July, 2026

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    Jammu & Kashmir High Court

    District Jammu vs Channi Himmat on 28 July, 2026

        IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU
    
    CRM(M) No. 531/2024
    
    
    
                                              Reserved on: 24.07.2026
                                           Pronounced on : 28.07.2026
                                             Uploaded on : 28.07.2026
    
                                      Whether the operative part or full
                                        judgment is pronounced: Full
    
    Dilbagh Singh
    Retd. Head Constable No.
    EXJ-875708
    S/O Sh. Jagdev Singh
    R/O Laswara Deoli
    Tehsil Bishnah
    District Jammu.
                                                                ....Petitioners
    
                    Through:-     Mr. C.B. Slathia, Advocate.
    
                                V/S
    
    1. UT of J&K through
       Senior Superintendent of
       Police, Jammu.
    2. Station House Officer,
       Police Station,
       Channi Himmat, Jammu.
                                                          .....Respondents
    
                    Through:-     Mr. Pawan Dev Singh, Dy. AG.
    \
    
    
    CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
                                 JUDGMENT
    

    01. Petitioner, through the medium of this petition,

    moved under section 528 of BNSS, 2023 seeks quashment of

    SPONSORED

    chargesheet titled ‘UT of J&K Vs. Dilbagh Singh‘ arising out of

    FIR No. 64/2017 registered on 28.05.2017 for the commission

    of offences punishable under sections 279/33/304-A RPC

    pending before the court of learned Judicial Magistrate

    CRM(M) No. 531/2024 Page 1 of 5
    (Municipal Magistrate), Jammu mainly on the ground that the

    petitioner was a public servant on the date of occurrence,

    when he has been alleged to have committed the offences,

    during the discharge of his official duties and that without the

    prosecution sanction under Section 197 CrPC (now Section

    218 of BNSS of 2023), he cannot be prosecuted.

    02. Pursuant to notice, the respondents have filed

    status report in the case, asserting that the petitioner had

    caused accident within the jurisdiction of Police Station,

    Channi Himmat, Jammu, whereupon a case was registered

    vide FIR No. 64 of 2017 and after investigation of the case, the

    chargesheet has been laid in the court of law for the

    commission of offences punishable under Sections 279, 304-A

    RPC; that in a petition filed by the father of the deceased

    before the Motor Accidents Claim Tribunal, the Tribunal had

    ordered to pay him compensation for an amount of

    Rs. 7,62,000/- vide award dated 05.10.2013 payable by the

    Director General of Police.

    03. Learned counsel for the petitioner has, vehemently,

    argued that though a case was registered against the petitioner

    for having committed an accident by his alleged rash and

    negligent driving, wherein a cyclist child had lost his life, as

    such, chargesheet was concluded for the commission of

    offences punishable under Sections 279/304-A RPC, however,

    the petitioner, being a public servant, having committed the

    offences during discharge of his official duty, cannot be

    prosecuted without a prior sanction from the Government of
    CRM(M) No. 531/2024 Page 2 of 5
    UT of J&K in terms of Section 197 CrPC (now Section 218 of

    BNSS 2023). In support of his contention, he has relied upon

    the judgment of the Apex Court in a case titled Amal Kumar

    Jha Vs. State of Chhatisgarh reported as AIR 2016 SC 2082.

    04. Learned counsel for the respondents, ex adverso,

    argued that the only contention raised by the petitioner in his

    petition is that he cannot be prosecuted in absence of a prior

    sanction to prosecute from the Government of UT of J&K; that

    the petitioner, though a public servant, does not qualify under

    Section 197 CrPC to claim that a prior sanction for his

    prosecution is required as his services can be dispensed with

    without the sanction of the Government. In support of his

    contention, he has referred to Rule 335 of the J&K Police

    Rules, which provides that the services of Head Constable,

    Sr. Grade, the rank which the petitioner claimed to hold, can

    be dispensed with under the orders of Deputy Inspector

    General of Police and the same does not require prior sanction

    of the Government, as such, the contention raised by the

    learned counsel for the petitioner is misplaced and is liable to

    be rejected.

    05. Heard and considered.

    06. It will be profitable to appreciate the rival

    contentions in the light of Section 197 of J&K CrPC as was

    applicable on the date of occurrence. The provision is

    extracted as under:

    “197. Prosecution of Judges and public servants.

    (1)When any person who is Judge within the meaning of section 19
    of the Ranbir Penal Code or when any Magistrate, or when any
    CRM(M) No. 531/2024 Page 3 of 5
    public servant who is not removable from his office save by or
    with the sanction of the State Government or the Government of
    India, is accused of any offence alleged to have been committed by
    him while acting or purporting to act in the discharge of his
    official duties, no Court shall take cognizance of such offence
    except with the previous sanction-

    (a) in the case of persons employed in connection with the
    affairs of the Union, of the Government of India; and

    (b) in the case of persons employed in connection with the
    affairs of the State, of the Government.

    (2) The Government of India or the State Government, as the case
    may be, may determine the person by whom, the manner in
    which, the offence or offences for which, the prosecution of such
    Judge, Magistrate or public servant is to be conducted, and may
    specify the Court before which the trial is to be held. ”

    07. On a careful perusal of the bare provision of Section

    197 of J&K CrPC, it is clear that the sanction to prosecute was

    required for those officials/officers, who cannot be removed

    from their services without prior sanction of the Government.

    For invoking this provision of Section 197 Cr.PC, the Service

    Rules governing the Public Servant are to be kept in view.

    The public servants can be removed from their services, by the

    authorities appointing them, is the baseline of the service

    jurisprudence.

    08. Petitioner claims to be Head Constable, at the time

    of the occurrence. Police Rules provide that a police personnel

    of the rank of Head Constable can be removed from his service,

    if a junior grade by Superintendent of Police and if in senior

    grade by the Deputy Inspector General of Police, in terms of

    Rule 335 of the Police Rules. As such, no such approval of the

    Government is required in view of Rule 335 of the J&K Police

    Rules, for removal of the petitioner from his job. Therefore, in

    the considered opinion of this Court, there is no requirement
    CRM(M) No. 531/2024 Page 4 of 5
    to obtain sanction of the Govt., in terms of Section 197 Cr.PC

    for prosecution of the petitioner in a criminal case. The plea

    for quashing the charge-sheet on this count, is, thus,

    misconceived and is liable to be rejected.

    09. The case law relied upon by the learned counsel for

    the petitioner is with regard to a case where the appellant was

    incharge of Pathalgaon Hospital of District Raigad, who was

    charged with regard to a death of a patient for the commission

    of offence punishable under Section 304-A IPC for his failure

    to provide official vehicle for shifting the patient to district

    Hospital, Raigad as Incharge of Primary Health Centre. The

    appellant, as per his service rules in that case, would have

    been entitled to such a protection, which was held to be

    required in the case, however, the case on hand is

    distinguishable, in view of the differential factual background.

    10. For the reasons mentioned herein above, the

    petition, being devoid of any merit is, accordingly, dismissed.

    11. Registry is directed to send down, a copy of this

    order to the trial court for information.

    (M A CHOWDHARY)
    JUDGE
    JAMMU
    28.07.2026
    Naresh/Secy.

    Whether the judgment is speaking: Yes

    Whether the judgment is reportable: Yes

    Naresh Kumar
    2026.07.28 16:55
    I attest to the accuracy and No. 531/2024
    CRM(M) Page 5 of 5
    integrity of this document



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