Suneeti Toteja vs State Of U.P. 2025 INSC 267 - S 197 CrPC - Deemed Sanction

Code of Criminal Procedure 1973 - Section 197 - Section 197 of CrPC does not envisage a concept of deemed sanction - Clarified Subramanian Swamy vs. Manmohan Singh, (2012) 3 SCC 64 : A separate but concurring opinion had given some guidelines for the consideration of the Parliament, one of which is to the effect that at the end of the extended period of time limit, if no decision is taken, sanction will be deemed to have been granted to the proposal for prosecution, and the prosecuting agency or the private complainant will proceed to file the chargesheet/ complaint in the court to commence prosecution within fifteen days of the expiry of the aforementioned time limit. However, such a proposition has not yet been statutorily incorporated by the Parliament and in such a scenario, this Court cannot read such a mandate into the statute when it does not exist. (Para 30-31)