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S. M. Mansoori (D) thr. LR’s. vs. Surekha Parmar & Ors. (SC)

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Code of Criminal Procedure, 1973–Secs. 197 & 482–Penal Code, 1860–Secs. 323, 504, 506(2) & 147–Criminal complaint–Quashed by the High Court on the ground of bar of Sec. 197–Assertions in the complaint that the first respondent entered the house of appellant in the early morning without any authority and committed the alleged offence–Looking to the nature of the allegation, it is impossible to conclude that the acts allegedly done by the first respondent were committed while acting or purporting to act in the discharge of her official duty–At this stage, it cannot be concluded that the sanction u/s. 197 was necessary–Held, there was no reason for the High Court for quashing the proceedings on this ground.