Showing : 1-10 of 377 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Complainant called for investigation - Complainant taken into custody and police officials brutally beat them at the police station when they were in lock up - Injuries caused by accused cannot be justified and cannot be said to have been inflicted while acting or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - There has to be coherent nexus between the act complained and the duty of the public servant - Only those acts or omissions done by a public servant in discharge of its official duty having direct nexus with his official duty are protected which acts are done bona fidely..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Employees of public sector corporations are not entitled to protection u/s 197 Cr.P.C as `public servant'...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C with regard to appellant Nos. 3 and 4 treating them to be `public servant' simply does not arise, as they ceased to be government employees after their absorption in Corporation, prior to complaint - As regarding..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Bank Manager of a nationalized bank - Not removable by or save with the sanction of Government - Not covered u/s 197 Cr.P.C...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - In order to attract rigor of S.197 Cr.P.C, it is necessary that offence alleged against a Government Officer must have some nexus or/and relation with discharge of his official duties as a Government Officer - In the instant case alleged offences committed while not..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197, 239-- Sanction for prosecution - Facts on record prima facie shows that sanction order was issued - Validity of sanction can be tested at the time of trial - Plea of defence also can be considered during trial - Discharge application rightly rejected...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A-- Sanction for prosecution - Complaint against government doctor u/s 304-A IPC - As doctor was performing official duties, therefore, sanction for prosecution was required from competent authority to prosecute petitioner u/s 197 Cr.P.C, as alleged act was done by petitioner in discharge of his..........

Showing : 1-10 of 377 Results