Lawtext: Aurangabad: Saturday, 10th October
2026.
Case Note & Summary: The petitioner, Sanjay Shivaji Dhapse,
claiming to be the Ahmednagar District Head of All India Human Rights and
Citizen Option and a Corporator, filed an application under the Right to
Information Act, 2005 (RTI Act) on 2.1.2009 with Hindustan Petroleum
Corporation Limited (HPCL) seeking information.
Aggrieved, the petitioner filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) before the Chief Judicial Magistrate, Ahmednagar, alleging offences under Sections 418, 420, 426, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC) and Section 20 of the RTI Act. The Magistrate, by order dated 4.7.2009, issued process against the Senior Regional Manager and CPIO.
The accused filed a revision before the Additional Sessions Judge, Ahmednagar, who by order dated 16.2.2010 dismissed the revision. The petitioner then filed the present criminal writ petition under Article 227 of the Constitution of India challenging both orders. The High Court framed the issue of whether prosecution could proceed without sanction under Section 197 CrPC.
The petitioner argued that the RTI Act is a special Act and Section 20 thereof provides for prosecution without sanction. The respondents contended that the accused were public servants acting in official capacity and sanction was mandatory. The court analyzed Section 197 CrPC and held that the acts complained of were in discharge of official duty, and thus sanction was mandatory.
The court further held that Section 20 of the RTI Act does not override the requirement of sanction under CrPC. Consequently, the court quashed the impugned orders and the complaint, allowing the petition.
Aggrieved, the petitioner filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) before the Chief Judicial Magistrate, Ahmednagar, alleging offences under Sections 418, 420, 426, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC) and Section 20 of the RTI Act. The Magistrate, by order dated 4.7.2009, issued process against the Senior Regional Manager and CPIO.
The accused filed a revision before the Additional Sessions Judge, Ahmednagar, who by order dated 16.2.2010 dismissed the revision. The petitioner then filed the present criminal writ petition under Article 227 of the Constitution of India challenging both orders. The High Court framed the issue of whether prosecution could proceed without sanction under Section 197 CrPC.
The petitioner argued that the RTI Act is a special Act and Section 20 thereof provides for prosecution without sanction. The respondents contended that the accused were public servants acting in official capacity and sanction was mandatory. The court analyzed Section 197 CrPC and held that the acts complained of were in discharge of official duty, and thus sanction was mandatory.
The court further held that Section 20 of the RTI Act does not override the requirement of sanction under CrPC. Consequently, the court quashed the impugned orders and the complaint, allowing the petition.
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