STATE BY DEPUTY SUPERINTENDENT OF POLICE versus B.T. RAMESH & ANR.

Citation: [2025] 8 S.C.R. 202 · Decided: 14-07-2025 · Supreme Court of India · Bench: DIPANKAR DATTA · Disposal: Case Partly allowed
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Judgment (excerpt)

[2025] 8 S.C.R. 202 : 2025 INSC 840
State by Deputy Superintendent of Police 
v. 
B.T. Ramesh & Anr.
(Civil Appeal No(s). 9463-9465 of 2025)
14 July 2025
[Dipankar Datta* and Manmohan, JJ.]
Issue for Consideration
Issue arose whether the High Court was justified in quashing the 
criminal proceedings, on the grounds of the chargesheet having 
been filed more than four years after the date of the alleged 
incident and lack of sanction; and whether r.214 of the Karnataka 
Civil Services Rules, 1958 has any application to stifle criminal 
proceedings for offences punishable under the IPC or the PC Act 
or any analogous law.
Headnotes†
Code of Criminal Procedure, 1973 – ss.197, 482 – Prevention 
of Corruption Act, 1988 – Karnataka Civil Services Rules, 
1958 – r.214 – Quashing of criminal proceedings – Sanction 
for prosecution – Application of r.214 to stifle criminal 
proceedings under IPC or PC Act – Respondent-chief engineer 
in the government department allegedly abused his official 
position, thereby causing loss to the public exchequer – FIR 
lodged for offences punishable under IPC and PC Act – Filing 
of chargesheet – High Court quashed criminal proceedings 
against the respondent on the grounds that chargesheet was 
filed more than four years after the date of the alleged incident 
and lack of sanction – Correctness:
Held: r.214, by any rule of construction, has no application to 
suppress pending criminal proceedings in the early stage or for 
stifling such proceedings after cognisance of offence has been taken 
for no better reason than that the timelines embodied therein have 
not been adhered to – High Court quashed the proceedings against 
the respondent by referring to r.214 which, had no application – 
Ground that the chargesheet having been filed more than four years 
after the date of the alleged incident for quashing the proceedings 
* Author
[2025] 8 S.C.R. 
203
State by Deputy Superintendent of Police v. B.T. Ramesh & Anr.
unsustainable – As regards, sanction u/s.197, High Court erred in 
quashing the proceedings qua the offences under the PC Act as 
it did not appreciate that s.19 thereof, prior to its amendment in 
2018, applied only to public servants who were in office at the time 
of taking of cognisance of offence – Thus, since the respondent 
retired in 2012 and the cognisance of the offence was taken, four 
years after his retirement, he was not entitled to the protection 
u/s.19 PC Act – Such protection would have been available to him 
only if cognisance were taken while he was still in service – High 
Court erred in quashing the proceedings on the first ground that 
chargesheet having been filed more than four years after the date 
of the alleged incident, completely; and on the second ground of 
lack of sanction, partly –Impugned order, quashing the proceedings 
for the offences punishable u/s.13(1)(c) &(d) rw s.13(2) PC Act 
set aside – Proceedings against respondent restored and may 
continue for such offences. [Paras 16-25] 
Karnataka Civil Services Rules, 1958 – r.214 – Withholding or 
withdrawing pension for misconduct or negligence – Scope 
of r.214 – Explained. [Paras 16-17]
Case Law Cited
State of Punjab v. Kailash Nath [1988] Supp. 3 SCR 911 : (1989) 
1 SCC 321; A. Srinivasulu v. State of T.N. [2023] 10 SCR 11 : 
(2023) 13 SCC 705 – referred to.
Mohamed Haneef v. Thirthahalli Police, 1985 SCC OnLine Kar 
203; A.K. Chowdekar v State of Karnataka, 2013 SCC OnLine 
Kar 10754; State of Karnataka v. P. Giridhar Kudva, 2020 SCC 
OnLine Kar 5723 – referred to.
List of Acts
Code of Criminal Procedure, 1973; Prevention of Corruption Act, 
1988; Karnataka Civil Services Rules, 1958; Constitution of India; 
Bharatiya Nagarik Suraksha Sanhita, 2023; Karnataka Civil Services 
(Second Amendment) Rules, 1985.
List of Keywords
Quashing; Quashing the criminal proceedings; Public servant; 
Abused official positions; Sanction; Sanction for prosecution 
Discharge of official duties; Retired public servants; Lack of 
204
[2025] 8 S.C.R.
Supreme Court Reports
sanction; Stifle criminal proceedings; Interpretation of statutes; 
Rule of construction; Chargesheet; Loss to the public exchequer; 
Cognisance.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 9463-9465 
of 2025
From the Judgment and Order dated 05.07.2022 of the High Court 
of Karnataka at Bengaluru in WP Nos. 61305, 61306 and 61307 
of 2016
Appearances for Parties
Advs. for the Appellant:
Devadatt Kamat, Sr. Adv., D. L. C
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