The Supreme Court has dismissed an appeal by Lt. Col. Prasad Purohit challenging the Bombay High Court, which refused to entertain his petition seeking discharge in the Malegaon 2008 blast case citing lack of sanction under section 197(2) of the CrPC from the Bharatiya Army to prosecute him.

A bench comprising Justices Hrishikesh Roy and Manoj Misra noted that the challenge before it is to the high court order whereby it was observed that sanction is not needed under Section 197(2) of the Cr.P.C. for the prosecution of the petitioner as his impugned conduct does not pertain to any of his official duties.

“Having noted the basis of the impugned judgment, we see no reason to interfere with the same and accordingly, the Special Leave Petition is not entertained,” said the bench.

However, the top court clarified that the trial court should not be influenced by observations in the high court order. “However, as we are informed that the trial against the petitioner is continuing, the observation made in the impugned order for the purpose of examining the issue of sanction should not prejudice either the prosecution or the defence, in the proceedings before the trial court,” said the bench, dismissing the appeal filed by Purohit.

The Bombay High Court had dismissed the discharge application filed by Purohit in the Malegaon 2008 blast case. He moved the high court challenging the Special National Investigation Case (NIA) court framing charges against him in the blast case.

He argued that there was a lack of sanction under section 197(2) of the CrPC from the Bharatiya Army to prosecute him in the blast case. Purohit had contended that the charge framing was not valid against him.

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