1 Answer
Dear Client,
Based on the facts provided, the divisional head’s actions—sending an unauthorized letter, sharing your personal address, instigating third parties, and defaming you—clearly appear to have no nexus with the lawful discharge of his official duties. In such circumstances, the Supreme Court has clarified that registration of an FIR does not require prior sanction, and a magistrate can direct the police to register an FIR. The issue of sanction arises only at the stage of taking cognizance of the offence by the court.
Whether prior sanction is required or not depends on whether the alleged acts are reasonably connected to official duties. This determination is made by the magistrate or the trial court after examining the facts. If the acts are found to be outside the scope of official duty, then no sanction is required. If the acts are arguably linked to official functions, sanction may be insisted upon.
Therefore, as a citizen, you can certainly pursue registration of an FIR. The question of sanction will be judicially determined at the stage of cognizance, not at the stage of FIR registration. This ensures that not every case against a government official is automatically blocked by the sanction requirement, but only those where the acts are genuinely connected to official duties.
Given the seriousness of the allegations and the procedural nuances, you may take a one-on-one consultation with our office to plan the appropriate legal strategy and ensure your rights are fully protected.
Hope this clarifies your position.