Showing : 41-50 of 128 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Prevention of Corruption Act, 1988, Section 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Offence u/ss. 13(1)(d)(2) of P.C.Act and Ss. 409, 467, 468, 471 & 120-B IPC - Opportunity of hearing can neither be claimed nor required to be given before granting sanction for prosecution to public servant as it is not a quasi judicial function but an administrative..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197-- Prosecution of public servant - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Allegation against petitioner & others that they verbally abused complainant and his wife and that they had called them names with regard to..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, 482-- Quashing of FIR - FIR was lodged on 26.09.1991 in connection with incident alleged to have taken place in 1988 - After lodging of FIR more than 22 years have lapsed - It is not in dispute that petitioner at relevant time was a public servant - Prima facie, act complained of is an act committed by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B-- Public servant - Sanction for prosecution - Offence of misappropriation and cheating - Cannot be relatable and in connection with or in relation to discharge of official duty - For such illegal act, no sanction u/s 197 Cr.P.C. is at all necessary...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1), 13(1)(d), 19, Indian Penal Code, 1860, Section 467, 468, 471, 420-- Public servant - Sanction for prosecution - Sanction granted u/s 19 of Act of 1988 for offence u/s 13(1) and 13(1)(d) of Prevention of Corruption Act and S.420 IPC - Sanction not granted for offence u/ss 467, 468 & 471 IPC - Held, once sanction has been granted u/s 19 of 1988 Act no further..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 197-- Absence of sanction for prosecution - Request for discharge was rejected by Magistrate on the ground that petitioner is not a public servant removable by Government as mentioned in S.197 of Cr.P.C. - Question whether the act complained of was done by petitioner in discharge of his official duties..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200-- Complaint by public servant - Non-examination of complaint and witnesses - Effect - Complaint is made in writing by a public servant acting or purporting to act in discharge of his official duty - Held, Magistrate need not examine complainant and witnesses...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Both the Ss.197 Cr.P.C and S.19 of the P.C. Act afford protection to public servants for acts done in discharge of official duties - For invoking the provisions it must be shown that the official concerned was accused of an offence alleged to have been..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200- - Complaint filed by public servant - Non-examination of complaint and witnesses - Held, when complaint is in writing, Magistrate need not to examine complainant and witnesses if a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 203-- Complaint without prior sanction - Dismissal of - Validity - Allegations against public servant are of forging and creating false and bogus certificate in order to get admission in Ayurvedic College - Dismissal of complaint on ground that no prior sanction was obtained - Held, it is settled law..........

Showing : 41-50 of 128 Results