In Brief
Amal Kumar Jha, in-charge of a Primary Health Centre, was charged with negligence under Section 304A IPC for failing to provide an official vehicle to shift a critically ill patient to a district hospital, allegedly causing her death. The appellant sought discharge arguing that sanction under Section 197 CrPC was necessary as the omission was in discharge of official duty. The High Court rejected the plea. The Supreme Court allowed the appeal, holding that an omission directly and reasonably connected to official duty requires sanction before prosecution. The Court clarified that the sanction question need not be determined at complaint stage but can be determined at any stage as facts develop.
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