Showing : 21-29 of 29 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Criminal Procedure Code, 1973, Section 197-- Sanction for prosecution - Governor refused sanction for prosecution of Chief Minister and a Minister in a criminal case - Public interest litigation before Supreme Court dismissed - It is for the appropriate Court to see as to whether sanction of Governor was required or not or if the Governor..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 307, 302-- False encounter - Police killing a person in false encounter - Prosecution of police officers - Sanction for prosecution of Police Officers, not required - To eliminate a person in a false encounter is no part of official duty and by no stretch of imagination can take the colour of an offence, as..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 197-- Public servant - Sanction for prosecution - Merciless beating by police - Death - It is an offence committed during course of performance of duty - Sanction for prosecution is required - View that killing of a person by use of excessive force could never be performance of duty - Not tenable...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197-- Public servant - Illegal gratification - Sanction for prosecution - Sub Inspector of Police - Sanctioning authority is Deputy Inspector of Police under Prevention of Corruption Act and not the Govt. - Sanction for prosecution of Govt. is not required - Sanction for prosecution granted by DIG..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197-- Public servant - Illegal gratification - Sanction for prosecution - Sub Inspector of Police accepting illegal gratification during investigation of offence under Essential Commodities Act - Sanction for prosecution of DIG Police is required and not that of Govt. - Govt. notification..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21-- Public servant - Class I Officer of State Govt. deputed to work as Managing Director of a Co-operative Society - At relevant time appellant not drawing salary from Govt. and was not in service of State Govt. - Appellant cannot be said to be a public servant - No sanction is required for..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 120B-- Public servant - Offence committed u/ss 467, 468, 471 & 120-B - Sanction for prosecution is not required - It is no part of duty of a public servant while discharging his official duties to commit such offence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 197-- Detaining a person in Police Station without registration of a case - Prosecution of Police Officer - Sanction for prosecution is not required as it cannot be said that Police Officer was acting in discharge of official duty...........

Showing : 21-29 of 29 Results