In Brief
Indra Devi complained that municipal officials fraudulently altered land records to defraud her family of their property. A clerk (Yogesh Acharya) who processed the papers sought protection under Section 197 of the Criminal Procedure Code as a public servant. The trial court denied protection, but the High Court granted it. The Supreme Court upheld the High Court, finding that the clerk performed routine paperwork within his official duties. Since superior officers (the Executive Officer and Junior Engineer) involved in the same transaction had already received protection, consistency required extending it to the subordinate clerk. The Court dismissed the complainant's appeal, emphasising that sanction from competent authority was mandatory but had not been obtained for any officer."
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