Showing : 131-140 of 174 Results

JHARKHAND HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Public servants - Applicability of S.197 - Held, provision of S.197, Cr.P.C. prohibits taking cognizance of offences against public servants unless prior sanction from competent authority is obtained for their prosecution in respect of offence allegedly committed by them..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420-- Sanction for prosecution refused by competent authority twice - On request of police, concerned authority reviewed the order and granted sanction on same material - Order granting sanction set aside - Held, once the sanction was refused it was not open to the competent authority to review the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - If an act, which constitutes an offence, is outcome of discharge official duty, though the power may have been exercised in excess, the provision of S.197 would stand attracted and a public servant cannot be prosecuted without obtaining prior sanction..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanction order need not be detailed order - It is sufficient if from a bare perusal of the sanction order it transpires that the sanctioning authority has applied his mind on the materials produced before him and has then granted the sanction...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Sanctioning authority before according sanction looked into the evidences and materials collected by Vigilance Department and considered the surrounding circumstances and facts of the case and only then granted sanction - Sanction order does not suffer..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19-- Illegal gratification - Sanction for prosecution - Granted on instructions of State Govt. - Sanctioning Authority not applying its mind - Not a valid sanction - Accused discharged...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 468-- Sanction for prosecution - In pursuance to the complaint received by petitioner against respondent-complainant on the basis of which a DO letter was addressed to higher authority, which is alleged to have been forged, petitioner merely recommended therein holding of enquiry against respondent -..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Cognizance of any offence by any Court is barred unless sanction is obtained from the appropriate authority, if the offence alleged to have been committed, was in discharge of official duty - It is mandatory protection...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Sanction for prosecution - Refusal - Review of order - Held, sanctioning authority can review its order and grant sanction if some new material comes to its notice which was not available when earlier decision was taken...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Grant of sanction is an administrative function - All that is material at that time is that the necessary facts collected during investigation constituting the offence have to be placed before the sanctioning authority and it has to consider the material..........

Showing : 131-140 of 174 Results