From your name, I can make out that you are referring to a case from Maharashtra. This also becomes more clear since you have referred to the post of Assistant Police Inspector (API), which exists in Maharashtra (and, perhaps, not in other states).
The answer to your question is contained in Section 197 of the Criminal Procedure Code, the relevant sub-sections of which are reproduced below:
“(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.”
It is noteworthy that a notification has been issued by Maharashtra Government under sub-section (3) of Section 197 Cr.P.C., as mentioned above, for all members of Maharashtra Police.
Now, it is clear from a combined reading of the above provisions that the sanction for prosecution under Section 197 Cr.P.C., wherever it is applicable, would be required to be taken from the State Government in such a case (since the person against whom such sanction is needed is under the State Government). A lower authority, such as Director General of Police (DGP) does not have power to grant such sanction under Section 197 Cr.P.C.
Therefore, you’ll need the sanction for prosecution under Section 197 Cr.P.C. of the Assistant Police Inspector (API) from the State Government of Maharashtra (and NOT from DGP).
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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