Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction for prosecution not required if on date of cognizance an accused continues to be a public servant but in a different capacity or is holding a different office than one alleged to have been abused...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Prosecution of Government doctor cannot be allowed without procuring prior sanction u/s 197 Cr.P.C - In the absence of prosecution sanction, allowing proceedings to continue against petitioners for offence u/s 304-A IPC would be nothing short..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Magistrate has no jurisdiction to order registration of FIR and direct investigation into offences under IPC against petitioner in absence of their being any sanction for prosecution u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - After framing of charge - Accused cannot seek discharge on ground of want of sanction - At that stage, accused can move only for canvassing an acquittal...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Committing certain excesses during performance of official duty - Sanction is necessary...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - When there is reasonable connection between alleged act done and official duty, sanction from competent authority is necessary...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 294, 326, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Sanction for prosecution - Offence u/ss 294, 326, 34 IPC and S.3(1)(x) of SC/ST Act - Petitioners being warden of jail were performing their official duties when complainant was found in..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - `Official duty' implies that act or omission should have been done in discharge of duty...........
