Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 465, 467, 468, 471, 201, 408, 120B -- Sanction for prosecution - Offence u/ss 13(1)(c), 13(2) of PC Act and Ss.465, 467, 468, 471, 201, 408, 120-B IPC - Acts done in discharge of official duty - Can only be decided when evidence is led - At the initial stage it need not to be..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Cheating - Allegation that petitioners being upper grade clerks prepared mark sheets by forging father's name of a person - However, these things would require proper trial to be conducted on basis of..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Petitioner though public servant working at the time of commission of offence but at the time of filing of charge sheet, he is not a public servant - Sanction for prosecution, not necessary...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Second anticipatory bail application - Illegal gratification - First bail application dismissed as withdrawn with liberty to file fresh anticipatory bail application before trial Court in view of subsequent event that competent authority refused to grant sanction..........
Indian Penal Code, 1860, Section 217 -- Offence u/s 217 IPC - Order taking cognizance - Prima facie petitioner who was a senior Police Officer had deleted part of proposed charge sheet for offence u/ss 307, 308 IPC and had also deleted one of accused proposed by earlier I.O - Even, petitioner left out one accused from being made as accused while Magistrate has found him to..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act done in performance of public duty - For taking cognizance, sanction of competent authority is to be taken...........
