Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 167, 120B -- Sanction for prosecution - Offence u/ss 166, 167, 120-B IPC - Sanction of government not taken before taking cognizance against public servant, as mandated by S.197 Cr.P.C. - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 384, 392, 469, 511 -- Sanction for prosecution - Offence u/ss 384, 392, 469, 511 IPC - Nothing on record that alleged act was committed by accused while discharging his official duty - Protection u/s 197 Cr.P.C. therefore, not available to him - Revisional Court committed error while setting aside..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution Police officer - Exceeding his powers during investigation of a criminal case and assaulted petitioner in order to extract confession with regard to death of three persons and in that connection, petitioner detained for some days - Alleged conduct of accused has an essential connection with discharge of..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(e), 3(2) -- Public servant - Sanction for prosecution - Authority concerned did not mention that prima facie case is made out against accused for initiating prosecution against him - Sanction alongwith entire proceedings quashed...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(e), 3(2), Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 13(1)(e), 3(2) of P.C. Act - Sanction granted only on the basis of letter sent by Superintendent of Police (SP) to sanctioning authority for according sanction - SP has not placed entire material before competent authority -..........
Criminal Procedure Code, 1973, Section 190, 197 -- Sanction for prosecution - Cognizance of offence - Police officer visited house of informant for arresting sons of informant for committing non cognizable offences - Inspite of due warnings by police officers, informant did not open the door - Police officers entered house of informant by applying force and arrested sons..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Protection u/s 197 Cr.P.C.is given to public servants from malicious prosecution so as to avoid harassment being caused to public servants - But the same cannot be treated as a shield to protect corrupt persons who have mis-utilized the..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Protection given u/s 197 of Cr.P.C. has certain limits and is available only when act done by public servant is reasonably connected with discharge of his official duty and is not merely cloak for doing objectionable act - If in doing his official duty, he acted in excess of his duty, but there is reasonable..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction to prosecute - Allegation of police excess while arresting complainant - Complainant by using dangerous weapon inflicted injury on forehead of journalist - When accused/police officer tried to arrest him he used same weapon for inflicting injuries on accused - Injuries were caused to complainant during..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where public servant was not holding same office on account of his transfer on relevant date when charge sheet was submitted and cognizance of offence was taken, and abused entirely different office than one which he was holding on date on which..........
