Criminal Procedure Code, 1973, Section 197(2), Armed Forces (Special Powers) Act, 1958, Section 6, Indian Penal Code, 1860, Section 302, 307, 326, 201, 120B, 34 -- Sanction for prosecution - Murder - Sanction as required u/s 6 of 1958 Act has been declined by competent authority - FIRs in question cannot continue any further - However, since State has already assailed said..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Alleged offence was committed by police personnel while acting or purporting to act in discharge of official duty - Criminal proceedings against applicant without any proper sanction as required u/s 197 Cr.P.C. is erroneous and illegal...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
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...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
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...........
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..........
Criminal Procedure Code, 1973, Section 197, 397 -- Sanction for prosecution - Cannot be gone into by Court in a Revision - Said issue requires examination by Court below before taking cognizance - Court can examine whole materials, and see whether sanction is required to prosecute petitioners and others - Order passed by Court below taking cognizance set aside - Trial..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - To attract protection u/s 197 Cr.P.C., Court is required to see acts/omissions attributed to public servant done by him while acting or purportedly to act in discharge of his official duty...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 7, 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - While taking bribe money it cannot be said that accused was purporting to act in the discharge of his official duty - S.197 Cr.P.C. not at all attracted - Moreover when offence of criminal conspiracy..........
