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As per case facts, a complainant accused three police officials, including the appellants, of murdering her husband. The Magistrate took cognizance and summoned them. A co-accused successfully had proceedings quashed
...by the Supreme Court due to lack of sanction under Section 197(1) Cr.P.C. The Magistrate extended this benefit to the appellants, but the High Court reversed it, stating the Supreme Court's order was specific and no sanction was needed for appellants. The appellants appealed, arguing for Section 197 protection due to a later government notification for subordinate police. The question arose whether appellants were entitled to the co-accused's Supreme Court decision benefit, and if the subsequent notification requiring sanction for subordinate police applied to their case where cognizance was taken earlier. Finally, the Supreme Court ruled that its earlier decision's benefit wasn't available to appellants as they were subordinate officers not requiring government sanction for removal. The Court clarified Section 197's bar applies at cognizance; since cognizance was in 2001, before the 2010 notification, it did not retrospectively apply. Appeal dismissed.
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