Madhya Pradesh High Court Upholds Protection for Public Servants Under Section 197 CrPC
Dr. Himanshu Dutt Pandey's appeal dismissed; court affirms officials acted within their official capacity during clinic inspection.
Indore, September 1, 2025 - In a significant ruling, the Madhya Pradesh High Court has dismissed the appeal filed by Dr. Himanshu Dutt Pandey, upholding the protection afforded to public servants under Section 197 of the Code of Criminal Procedure, 1973. The division bench comprising Chief Justice Sanjeev Sachdeva and Justice Pavan Kumar Dwivedi delivered the judgment, reinforcing the legal shield for officials discharging their duties without fear of malicious prosecution.
The case originated from an inspection conducted on May 18, 2011, by a committee of officials at Dr. Pandey's clinic in Nagda, District Ujjain. The inspection revealed the administration of allopathic medicines by Dr. Pandey, a BAMS doctor, leading to a subsequent sealing of the premises. Despite the absence of registration with the Chief Medical and Health Officer, the clinic continued operations under specific conditions.
Dr. Pandey challenged the inspection, alleging unauthorized entry and lack of legal authority. However, the court found that the officials acted in accordance with directives from the Sub Divisional Officer (Revenue), dispelling claims of personal enmity or fabrication of records.
The court emphasized the importance of Section 197 CrPC, which protects public servants from unfounded legal actions, enabling them to perform their duties effectively. The bench noted that the officials conducted the inspection in good faith as part of their official responsibilities.
Despite Dr. Pandey's reliance on a Right to Information application to contest the committee's formation, the court concluded that the response, dated years after the inspection, lacked credibility. The court determined that the inspection was part of a broader directive to combat unqualified medical practice, thus validating the officials' actions.
The court's decision underscores the judiciary's commitment to safeguarding public servants from harassment while performing their duties. This ruling serves as a reminder of the legal framework designed to ensure accountability and integrity within public service.
The dismissal of Dr. Pandey's appeal reinforces the principle that public servants, when acting within the scope of their official duties, are entitled to protection from malicious prosecution, thus ensuring their ability to carry out responsibilities without undue apprehension.
Bottom Line:
Protection under Section 197 of CrPC ensures that public servants can discharge their official duties without fear of malicious prosecution.
Statutory provision(s): Section 197 of the Code of Criminal Procedure, 1973
