VIGILANCE MANUAL VOLUME III - AP Online

482 DECISION - 212
The presumptions under these provisions are rebuttable but
in the absence of proof to the contrary, the presumption of proper
service or effective service on the addressee would arise, which must
mean service of everything that is contained in the notice. It cannot
be said that before knowledge of the contents of the notice could be
imputed, the sealed envelop must be opened and read by the
addressee or when the addressee happens to be an illiterate person
the contents should be read over to him by the postman or someone
else. Such things do not occur when the addressee is determined to
decline to accept the sealed envelop.
(212)
(A) Cr.P.C. — Sec. 197
(B) Sanction of prosecution — under Sec. 197 Cr.P.C.
Medical Officer issuing a post-mortem certificate
alleged to be false. Offence deemed to have been
committed while purporting to act in the discharge
of official duty as a Public servant. Sanction of
Government before prosecution essential under
section 197 Cr.P.C.
Dr. P. Surya Rao vs. Hanumanthu Annapurnamma,
1982(1) SLR AP 202
The petitioner is a Medical Officer who conducted a postmortem
examination and issued a certificate. A private complaint
was filed against him and 3 others under sections 302, 447, 197 and
201 I.P.C. alleging that he colluded with the others who committed
the offence of tresspass and murder, by issuing a false certificate of
post-martem. The petitioner contended before the Andhra Pradesh
High Court that sanction from Government is required for his
prosecution, under section 197 Cr.P.C.
The High Court held that the petitioner is indisputably a public
servant not removable from his office save by or with the sanction of