Suvo Bhattacharjee vs The State Of West Bengal & Anr on 30 March, 2026

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    Calcutta High Court (Appellete Side)

    Suvo Bhattacharjee vs The State Of West Bengal & Anr on 30 March, 2026

                                                                             2026:CHC-AS:502
                       IN THE HIGH COURT AT CALCUTTA
                      CRIMINAL REVISIONAL JURISDICTION
                               APPELLATE SIDE
    
    
    PRESENT:
    
    THE HON'BLE DR. JUSTICE AJOY KUMAR MUKHERJEE
    
                                  CRR 2449 of 2019
    
                                Suvo Bhattacharjee
                                        Vs.
                          The State of West Bengal & Anr.
    
    
    For the Petitioners                 :       Mr. Arun Kumar Maiti (Mohanty)
                                                Ms. Amrita Pandey
    
    
    
    
    For the Opposite Party No.2         :       Mr. Abhishek Banerjee
                                                Ms. Payel Ghosh
                                                Ms. Trisha Chanda
    
    
    Heard on                            :       13.01.2026
    
    
    Judgment on                         :       30.03.2026
    
    
    
    
    Dr. Ajoy Kumar Mukherjee, J.
    

    1. The instant application has been preferred by the petitioner seeking

    quashment of case no. 18724 of 2017 presently pending before learned 14th

    SPONSORED

    Judicial Magistrate Court, Calcutta under section 384/385 of the Indian

    Penal Code (in short IPC).

    2. The instant case had its origin on the basis of a complaint moved by

    opposite party no. 2 before the concerned Magistrate under section 156(3) of

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    the Code of Criminal Procedure (in short Cr.P.C.) Learned Magistrate by an

    order dated 24.03.2017 had turned down the prayer for police investigation

    and converted it as a complaint case and after taking cognizance transferred

    the same before J.M. 14th Court, Calcutta for inquiry and disposal. The

    transferee court directed police to conduct investigation to the alleged

    offence under the provision of 202 of the Cr.P.C. and thereafter by a

    subsequent order dated 21.11.2007 had issued process upon the petitioner

    under section 384/385 of IPC.

    3. The opposite party no.2 alleged in the complaint that on February, 23,

    2017 at about 6.30 p.m. he being a Railway employee received a call from

    chief vigilance officer and accordingly on 24th February, 2017 he

    accompanied by his wife arrived at the office of chief vigilance inspector

    within the prescribed time. Thereafter the petitioner/accused no.1 and his

    companion started interrogating opposite party no.2 relating to criminal

    cases pending against him. It is alleged that while opposite party no.2 was

    answering the queries the petitioner and the other accused persons became

    annoyed and started misbehaving with opposite party no.2 and his wife and

    also started harassing opposite party no.2 intentionally. It is further alleged

    that the petitioner and the other accused persons forced opposite party no.2

    to give statement in writing as uttered by them and further admonished

    Opposite party No.2 that on refusal, they will take him into custody and will

    also dismiss him from service. Thus, the opposite party no. 2 was compelled

    to write several incriminating statements and the petitioner allegedly forced

    opposite party no. 2 to put his signature on some white papers and on his

    refusal, Petitioner had threatened him and thereby unlawfully and forcefully

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    compelled him to write some confessional statements under the fear of his

    life and under the threat of terminating him from service. It is further

    alleged that when the OP No.2 requested the accused persons not to create

    any unlawful pressure upon him, the accused persons became furious and

    asked his wife to go away from the spot and had misbehaved with her and

    thereby tried to outrage her modesty by pushing her. Therefore, the

    petitioners have committed offence punishable under section 384/385 of the

    IPC, compelling the complainant to put his signature in writing as per their

    instructions and also for obtaining signature of the complainant on white

    papers against his will and also for concealing those documents with ill

    motive.

    4. Being aggrieved by the aforesaid impugned proceeding, Mr. Mohanty

    learned counsel appearing on behalf of the petitioner submits that the

    petitioner being the chief vigilant inspector of Eastern Railway is a public

    servant within the meaning of section 21, IPC and pursuant to an order of

    the competent higher authority, he was holding the vigilance enquiry in

    connection with the allegation of taking huge money from different persons

    by the opposite party no.2 herein. The opposite party no.2 admitted in his

    petition of complaint that he received telephonic message from the end of

    the petitioner, who asked him to attend before him for a vigilance enquiry

    and accordingly he attended. Therefore, whatever act done by the petitioner

    was in discharge of his official duty. The court below has erred in taking

    cognizance and issuing process against the petitioner without previous

    sanction and thereby has caused a grave miscarriage of justice. The

    uncontroverted allegations made in the complaint and the evidence collected

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    in support of the same do not disclose the ingredients of offences either

    under section 384 or under section 385 of the IPC. There is express legal bar

    under section 197(1) of the Cr.P.C in taking cognizance of offence against a

    public servant except with the previous sanction. The instant complaint is a

    counter blast to a possible vigilance enquiry which the accused may be

    facing. The crux of the acquisitions against the chief vigilance inspector

    /petitioner hardly attracts any penal provision.

    5. Moreover section 186 of the Railways Act has provided for protection

    of railway employee who specially works as public servant. The statutory

    provisions of section 186 itself clarifies the language which is very clear, and

    the question of interpretation of the legislative wisdom by any judicial

    authority is not required. Section 186 is sine qua non in its lateral meaning

    as per the legislative wisdom reflected by the language of the said provision

    for safeguarding or protecting the interest of railway employees who ought to

    discharge their official duties, without fear of any malicious prosecution in

    discharge of their official duties.

    6. He further argued that the impugned order taking cognizance and

    issuance of process has been done in a manner which is not in consonance

    with the strict compliance of the provisions of section 200 Cr.P.C., which

    clearly demonstrate as to what should be the parameters for issuing process

    against an accused, which ultimately culminates curtailment of petitioner’s

    liberty as a citizen of India. In the Instant Case the petitioner was the chief

    vigilance inspector having been vested with the power of making vigilance

    enquiry against the opposite party no.2, in discharge of his official duties

    and if such a public servant is circumvented from the proceeding with the

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    enquiry by way of falsely dragging him in criminal cases, a fair and impartial

    enquiry could not be done and it would encourage the unscrupulous

    litigants.

    7. In this context he further argued that the judgments cited on behalf of

    opposite party no.2, to demonstrate that sanction can be obtained at any

    stage of the proceeding, cannot have any standing on consideration of the

    factual backdrop and/or matrix of the present case, which shows that while

    examining the opposite party no.2 during such vigilance enquiry, the same

    was done by the petitioner in discharge of his official duty, in presence of

    other officials being a public servant. The police in his report did not find

    any substance in the allegation of the opposite party no.2. The issuance of

    process in such a case by only examining the complainant, without

    obtaining prior sanction from the concerned authority under section 197

    Cr.P.C. cannot be said to be tenable in law, under any circumstances.

    Therefore initiation and continuation of the instant criminal proceeding is

    liable to be quashed, to prevent further miscarriage of justice.

    8. Mr. Banerjee learned counsel appearing on behalf of the opposite

    party no.2 submits that the allegations levelled in the complaint makes out

    offences within the meaning of section 384 and 385 of the IPC. The Trial

    court on August, 21, 2017 examined the opposite party no.2 and upon

    considering the petition of complaint, the initial deposition of opposite party

    No.2 and the documents on record came to a finding that investigation by

    police is required under section 202 and accordingly police submitted report

    and thereafter the process was issued. Mr. Banerjee further argued that the

    petitioner has tried to take a defence that the petitioner being a public

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    servant within the meaning of section 21 of IPC, sanction under section 197

    of the Cr.P.C. is a condition precedent for initiating any prosecution against

    him. However, a public servant can only be said to act or purport to act in

    the discharge of his official duty, if his act is of such a nature that clearly

    falls within the scope of his official duty. It is well settled that such

    immunity cannot be utilized by the public servant to camouflage the

    commission of a crime under the supposed colour of public office. All acts

    done by a public servant in the purported discharge of his official duty

    cannot as a matter of course be brought under the protective umbrella of

    section 197 Cr.P.C. In support of his contention that the purpose behind the

    enactment of section 197 Cr.P.C. must not be to shield corrupt officials and

    that the question of sanction can be raised at any time after taking

    cognizance, he referred number of authorities and submits that sanction

    under section 197(1) is not condition precedent for initiation of proceedings

    by way of filing complaint case. He argued that it is well settled that the

    question of sanction can be decided even at a later stage, after taking

    cognizance or framing of charge or even at the time of conclusion of trial and

    even after conviction as well. Therefore, the petitioner’s contention that in

    the absence of taking cognizance, the proceeding is liable to be quashed,

    does not find any support in the facts and circumstances of the case.

    9. He further argued that section 186 of the Railways Act does not

    provide any absolute prohibition against institution of prosecution or other

    legal proceedings of Railway Servants. Such protection is available only if

    the act complained of has been done in good faith or intended to be done in

    pursuance of the Act or any other Rules or orders made thereunder.

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    10. He further argued that the petitioner has contended that no case

    under section 384 or 385 of the IPC has been made out but it is settled law

    that the standard of proof at the stage of quashing is not to ascertain

    whether the allegation would surely lead to a conviction but whether they on

    their face constitutes an offence. The police investigation and Magistrate’s

    order indicate that the preliminary threshold for presuming an offence has

    been met. Referring the case of Zandu Pharmaceutical works Ltd. Vs.

    Md. Saraful Haque, reported in (2005) 1 SCC 122 he contended that the

    High Court cannot embark upon an enquiry as to the reliability and

    genuineness or otherwise of the allegations made in the FIR or the complaint

    at this stage. Discrepancies, contradictions of questions pertaining to the

    ultimate truthfulness of the allegations that intrinsically required an

    appreciation of evidence and are matters solely and unequivocally reserved

    for the trial court to adjudicate. The allegation on their face outlines an act

    which if proved undeniably constitutes criminal offence. Factual dispute,

    claims of malafide or questions regarding the truthfulness of the allegations

    are matters of evidence and subject matter of adjudication by the trial court.

    Therefore, the petitioner has failed to make out any case which merits

    interdiction of the proceeding, pending before the court below and as such

    the instant application is liable to be quashed.

    Decision

    11. In a petition under section 482 of the Cr.P.C. the primary materials to

    be considered by the High Court is the materials collected by the

    investigating agency during investigation including F.I.R. While the

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    materials collected during investigation is highly germane, the document

    produced by the accused are generally not considered at the stage of

    quashing, unless they are of:- (a) sterling and impeccable quality (b)

    irrebuttable document (c) proof of absurdity of prosecution.

    12. Before going further, let me quote relevant portion of FIR:-

    “Thereafter the accused no. l and his companion, i.e., the accused persons
    forced the complainant to give the accused persons in writing the statements
    uttered by them and further scolded the complainant saying that on refusal
    they will compel the complainant to go in custody and side by side will struck
    the complainant from his service. By this way the accused persons on
    instruction of the accused no. 1 had misused the power of the official
    designation and over the said getting no other alternative the complainant was
    compelled to wrote the following statements under the direction of the accused
    persons as follows:

    (a) “that I have received Rs 7 laksh 50 thousand from the persons in
    instalment by hand and one Smt. Mousumi Sen also took the money from the
    candidates.”

    (b) “That the statements I have written today is according to my own wish
    without any force by anybody”

    And the accused no.1 also forced the complainant to put his signature on some
    white Papers and on refusal the accused persons threatened the Complainant
    darefully and compel him to get the said unlawfully & forcefully.
    That over this unwanted issue when the wife of the complainant requested the
    accused persons not to create any unlawful pressure upon the complainant as
    because he is mentally depressed, the accused persons became furious and
    outcast the wife of the complainant from the spot misbehaving with her with
    their official capacity by pushing her on body under hot alternation and tried to
    outrage her modesty.

    That the accused persons intentionally by misusing their official capacity
    compel the complainant to give in writing some false statement under the fear
    of his life and with the fear to save his service.

    That the accused person under the supervision of the accused no.1 with some
    ulterious motive compelled the complainant to put his statement in writing as
    per their instruction also obtain some signature of the complainant in some
    white Papers, against his will and concealed those said documents with some
    ill motive and also manhandled the wife of the complainant by which the
    accused persons has committed an offence u/s 384,385,388,389,354,
    406,506,120B of IPC.”

    13. As stated above, in the instant case the complainant/opposite party

    no.2 initially made a prayer before learned court below u/s 156 (3) Cr.P.C.

    for a direction upon police to start investigation. However, court below at

    that stage taken a view that police investigation is not required in the

    instant case and therefore, he converted the same as a complaint case and

    took cognizance of the offence.

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    14. Petitioner was examined under section 200 of the Cr.P.C., wherein

    also he has stated in his initial deposition that he was compelled to write

    under the pressure of the accused persons that he has taken Rs. 7,50,000/-

    and the accused persons have also procured his signatures on some blank

    papers. Learned court below thereafter postponed the issuance of the

    process and directed the police to make an investigation and to submit a

    report. The relevant portion of the report submitted by the police on

    17.11.2017 runs as follows:-

    “During investigation of the case, the complaint of outrage of the modesty of
    petitioner’s wife could not be substantiated but the partial claim of the petitioner
    could be prima-facie established in respect of giving writing self confessional
    statements with his signature in seven sheets before the OP which is presently
    in the custody of the department and kept confidential and as such could not be
    verified unless necessary order is being passed by Your Honour’s Court.”

    15. Now petitioner has strenuously argued that at the relevant time he

    was posted as chief vigilance inspector, Eastern Railway and as such

    whatever act has been done by him was under the capacity of a public

    servant and as such unless sanction is obtained from the competent

    authority under section 197 of the Code, Court cannot take cognizance of

    offence and furthermore he is also protected under section 186 of the

    Railways Act.

    16. The question that comes in this context is whether trial court has

    done any illegality in taking cognizance of the offence, when no sanction has

    been obtained from competent authority to initiate proceeding and for that

    matter, whether proceeding is liable to be quashed.

    17. In Omprakash Yadav Vs. Niranjan Kumar Upadhaya reported in

    2024 SCC Online SC 3726 the court was of the clear view that the

    immunity under section 197 Cr.P.C. cannot be utilized by public servant to

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    camouflage the commission of a crime under the supposed colour of public

    office. In the said judgment supreme Court has laid down the law after

    considering the previous judgments. Para 74 of the said judgment runs as

    follows:-

    74. The legal position that emerges from the discussion of the aforesaid case
    laws is that:

    (i) There might arise situations where the complaint or the police report may not
    disclose that the act constituting the offence was done or purported to be done in
    the discharge of official duty. However, the facts subsequently coming to light
    may establish the necessity for sanction. Therefore, the question whether
    sanction is required or not is one that may arise at any stage of the proceeding
    and it may reveal itself in the course of the progress of the case.

    (ii) There may also be certain cases where it may not be possible to effectively
    decide the question of sanction without giving an opportunity to the defence to
    establish that what the public servant did, he did in the discharge of official
    duty. Therefore, it would be open to the accused to place the necessary materials
    on record during the trial to indicate the nature of his duty and to show that the
    acts complained of were so interrelated to his duty in order to obtain protection
    under Section 197 CrPC.

    (iii) While deciding the issue of sanction, it is not necessary for the Court to
    confine itself to the allegations made in the complaint. It can take into account all
    the material on record available at the time when such a question is raised and
    falls for the consideration of the Court.

    (iv) Courts must avoid the premature staying or quashing of criminal trials at the
    preliminary stage since such a measure may cause great damage to the
    evidence that may have to be adduced before the appropriate trial court.

    18. It is now well settled that before seeking protection under section 197

    of the Cr.P.C. by an accused person, he has in the first instance to satisfy

    the court that he is a public servant, not removable from his office save by

    or with the sanction of State or Central Government and secondly that the

    acts complained of, if committed by him were committed while acting or

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    purporting to act, in the discharge of his official duty. In the instant case it

    is not in dispute that the petitioner was a public servant at the time of

    alleged commission of offence. However important question that is to be

    considered herein is whether the accused can reasonably claim that the acts

    complained of were committed by him in discharge of his public duty.

    19. In my opinion the enquiry which was supposed to be conducted by the

    petitioner as vigilance inspector has nothing to do with the allegation as

    levelled in the complaint, which states that complaint was compelled to

    write the statements that he has received Rs. 7,50,000/- from the persons

    in instalments or that another lady also took money from the candidates

    and that he was forced to write that the statements have been made by him

    voluntarily and according to his own will and without any force created by

    anybody, nor it can be said to be part of his duty to create pressure upon

    complainant to put his signature on some white papers. All that the

    petitioner is expected to do under his official capacity as a public servant is

    to make an impartial enquiry. Therefore, when the petitioner as chief

    vigilance officer was conducting vigilance enquiry, he might have engaged in

    performing his official duty or purporting to act in the performance of his

    official duty but one must fail to understand how the allegation of creating

    force to make certain statements and or to create pressure for putting

    signature on blank papers could be said to have any direction with the act of

    vigilance enquiry.

    20. In Choudhury Parveen Sultana Vs. State of W.B. and anr.,

    reported in (2009) 3 SCC 398 Supreme Court had made a clear observation

    that all acts done by a public servant in the purported discharge of his

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    official duty cannot as a matter of course be brought under the protective

    umbrella of section 197 Cr.P.C. There can be cases, misuse and/or abuse

    of powers vested in a public servant which can never be said to be a part of

    the official duty required to be performed by him. The underline object of

    section 197 Cr.P.C. is to enable the authorities to secure the allegations

    made against the public servant to shield him against frivolous, vexatious or

    false prosecution, initiated with the main object of causing embarrassment

    and harassment to the said official. However if the authority vested in a

    public servant is misused for doing thing which are not otherwise permitted

    under the law, such acts cannot claim the protection of section 197 Cr.P.C.

    and have to be considered dehorse the duties which a public servant is

    required to discharge or perform.

    21. In another judgment of Sambhoo Nath Mishra Vs. State of U.P. and

    Ors. reported in (1997) 5 SCC 326 Supreme Court while dealt with the

    provision of section 197(1) of Cr.P.C. has clearly laid down the law that if the

    act/omission is integral to the performance of public duty, the public

    servant is entitled to the protection under section 197(1) of the Cr.P.C. and

    without the previous sanction the complaint/charge against him for the

    alleged offence cannot be proceeded with in the trial. However performance

    of official duty under the colour of public authority cannot be camouflaged

    to commit crime.

    22. In the instant case the trial court applied its mind and from the recital

    of the complaint, initial deposition as well as investigation report filed by

    police, under the direction of section 202, he finds that the allegation of

    forceful extortion of recording his statements during said enquiry or creating

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    pressure to put signature on the blank paper, are not the integral part of his

    official duty and therefore he proceeded with the impugned proceeding. In

    fact applying the test as settled in various judgments, it is difficult to say

    that the acts complained of i.e. misuse of power of official designation and to

    compel a person to make some incriminating statements under threat or to

    put someone under pressure to sign on blank papers are part of his official

    duty.

    23. Since this is an application under section 482 of the Cr.P.C., at this

    stage all that I am concerned with, is whether on the facts alleged in the

    complaint and supported in the initial deposition and police investigation, it

    could be said that what the petitioner has alleged to have done, could be

    said to be in purported exercise of his official duty. It is well settled, if the

    acts complained of are so integrally connected with the duties attaching to

    the office as to be inseparable from them, then sanction under section

    197(1) would be necessary but if there was no necessary connection between

    them and the performance of those duties, the official status furnishing only

    the occasion or opportunity for the acts, then no sanction would be

    required. Here the alleged acts of the petitioner made in the complaint is

    clearly separable from the duties attaching to the office of chief vigilance

    inspector.

    24. In P.K. Pradhan Vs. State of Sikkim reported in (2001) 6 SCC 704

    it was held by the Supreme Court in para 15 as follows:-

    15. Thus, from a conspectus of the aforesaid decisions, it will be clear that for
    claiming protection under Section 197 of the Code, it has to be shown by the
    accused that there is reasonable connection between the act complained of and
    the discharge of official duty. An official act can be performed in the discharge
    of official duty as well as in dereliction of it. For invoking protection under
    Section 197 of the Code, the acts of the accused complained of must be such

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    that the same cannot be separated from the discharge of official duty, but if
    there was no reasonable connection between them and the performance of
    those duties, the official status furnishes only the occasion or opportunity for
    the acts, then no sanction would be required. If the case as put forward by the
    prosecution fails or the defence establishes that the act purported to be done is
    in discharge of duty, the proceedings will have to be dropped. It is well settled
    that question of sanction under Section 197 of the Code can be raised any time
    after the cognizance; maybe immediately after cognizance or framing of charge
    or even at the time of conclusion of trial and after conviction as well. But there
    may be certain cases where it may not be possible to decide the question
    effectively without giving opportunity to the defence to establish that what he
    did was in discharge of official duty. In order to come to the conclusion whether
    claim of the accused that the act that he did was in course of the performance
    of his duty was a reasonable one and neither pretended nor fanciful, can be
    examined during the course of trial by giving opportunity to the defence to
    establish it. In such an eventuality, the question of sanction should be left open
    to be decided in the main judgment which may be delivered upon conclusion of
    the trial.

    25. Therefore if the version of the complainant is taken to be correct at

    this stage of adjudicating prayer for quashing of the proceeding, obviously

    there is no requirement of any sanction. However, it would always be open

    to the petitioner to adduce evidence or by way of cross examination to

    substantiate his stand that whatever incident occurred, had taken place in

    discharge of his official duty. At this stage it cannot also be said whether the

    complainant’s version is correct or the argument agitated herein on behalf of

    the petitioner herein is correct and therefore at this stage the trial court has

    prima facie to proceed on the basis of the prosecution version. However that

    does not mean that the trial court will not redecide the question of taking

    sanction afresh in case from the evidence adduced by the prosecution or by

    the accused or in any other manner, it comes to the notice of the court that

    there was a reasonable nexus of the incident with discharge of official duty,

    then the court can always re-examine the question of sanction and take

    decision in accordance with law, in order to proceed with the trial. But at

    this stage when it is not known as to whose version is correct, it can hardly

    be said that the prosecution is liable to be quashed, as sanction has not

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    been obtained from the competent authority, before taking cognizance by

    the court. In short what I want to portray is that plea relating to want of

    sanction although ideally to be considered at an early stage of proceeding

    but that does not mean that the accused cannot take the said plea or the

    court cannot consider the same at a later stage. Obviously each case has to

    be considered in terms of the allegations levelled therein. Since in the

    instant case the question as to whether the sanction is required to be

    obtained or not is not possible to be determined unless evidence is taken, it

    cannot be said that the prosecution is liable to be quashed for want of

    sanction.

    26. Undoubtedly at the stage of considering the prayer for quashment it

    would not be proper for the High Court to analyse the case of the

    complainant in the light of all probabilities in order to determine whether a

    conviction would be sustainable and on such premise arrive at a conclusion

    that the proceeding is to be quashed. Though the petitioner in support of his

    arguments has placed certain documents as a result of internal enquiry but

    said document is not impeachable in nature and on the basis of which it

    would be erroneous to come to a final conclusion that the complaint cannot

    be proceed with after assessing such materials. In a proceeding instituted on

    complaint exercise of inherent power to quash the proceeding is called for in

    a case where the complaint does not disclose any offence or is frivolous

    vexatious, or oppressive. As it appears that on consideration of the

    allegations in the light of the statements made on oath by the complainant

    that the ingredients of the offence are prima facie disclosed and since there

    is no material to show that the complaint is malafide, frivolous or vexatious

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    I find no justification to invoke inherent jurisdiction of the High Court. Even

    if there are any allegation of malafides against the informant, they are of no

    consequence and cannot by themselves be the basis for quashing the

    proceeding.

    27. The petitioner has also taken a plea that he is protected under section

    186 of the Railways Act and that he is immuned from any such proceeding

    under the said provision. Let me reproduce Section 186 of the Railways Act:-

    “186.Protection of action taken in good faith.–

    No suit, prosecution or other legal proceeding shall lie against the Central Government,
    any railway administration, a railway servant or any other person for anything which
    is in good faith done or intended to be done in pursuance of this Act or any rules or
    orders made thereunder.”

    28. Therefore Section 186 of the Railways Act again talks about ‘good

    faith’. “Good faith” has been defined in section 52 of IPC and section 3 (22)

    of the General Clauses Act. Acting in “good faith” generally considered as

    question of facts that requires evidence to decide, than pure question of law,

    that can be determined solely by legal interpretation, because the term ‘good

    faith’ hinges on the subjective intention or the objective care (due diligence)

    of a person. Courts typically require evidence to determine if a person acted

    honestly and with “reasonable care and attention”. Under the definition of

    good faith, there should not be personal ill-will or malice, no intention to

    malign and scandalize. Therefore, ‘good faith’ and ‘public good’ are the

    question of fact and are required to be proved by adducing evidence.

    29. In Chamanlal Vs. State of Punjab reported in (1970) 1 SCC 590,

    Supreme Court has clearly held that public good is question of fact and good

    faith has also to be established as a fact. It is true that the meaning of ‘good

    faith’ may vary in the context of different statutes, subjects and situations

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    and there cannot be a constant element of its connotation, it is to be

    considered in the context and object of the statute, in which the term is

    employed, but nevertheless in the present context, the petitioner has to

    establish even prima facie to get protection under section 186, that his

    direction towards petitioner to allegedly write certain statements or allegedly

    procuring his signature on certain documents was honest requisite for

    constituting ‘good faith’. There must be evidence showing that the petitioner

    acted with due care and caution. Therefore at this stage, the petitioner can

    hardly seek for protection on the ground of ‘good faith’ in the context of

    section 186 of the Railways Act. In view of aforesaid discussion I am to

    conclude that the trial court has not committed any error in proceeding with

    the criminal case without having any sanction, nor I find that this is a fit

    case where the proceeding can be quashed invoking this Court’s jurisdiction

    under section 482 Cr.P.C.

    30. CRR 2449 of 2019 thus stands dismissed.

    31. However this dismissal order will not preclude the court below to

    reassess the question of taking sanction or the issue of getting protection

    under section 186 of the Railways Act at an appropriate stage, if the same

    question is raised before him after availing evidence. In this context it is also

    made clear, that I have not expressed here any opinion as to the truth or

    falsity of the allegation, which can only be decided in trial.

    Urgent Xerox certified photocopies of this Judgment, if applied for, be given

    to the parties upon compliance of the requisite formalities.

    (DR. AJOY KUMAR MUKHERJEE, J.)

    17



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