Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There is mandatory requirement for launching prosecution if alleged act is done in discharge of his official duty but it does not extend its protective cover to wrong act or every act or omission done by public servant rather it restricts scope to only those acts or omissions which are done by public..........
Criminal Procedure Code, 1973, Section 197, 482, Notaries Public Act, 1952, Section 13 -- Sanction for prosecution - Quashing of Criminal Proceedings - Attestation of antedated agreement, knowing fully well that said agreement was not entered between respective parties in his presence and further fabricated Register in support of hist attestation - Held that, act of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence by public servant - It is not every offence committed by public servant which requires sanction for prosecution u/s 197 Cr.P.C. - Sanction is required only if offence is committed by accused while he is engaged in his official duty - Moreover, if offence is committed by accused while he was..........
Criminal Procedure Code, 1973, Section 197, 482, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Sanction for prosecution - Offence by public servant - Received Illegal gratification from co-accused - Quashing of proceedings - Receiving of illegal gratification is no way connected with discharging of official..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority - In the instant case, sanction was accorded only by President and Secretary has signed sanction order only as communicating authority - Therefore, there is no defect in sanction order...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity and competency of sanctioning authority - Can be determined only during course of trial by way of examining/cross-examining of witnesses and by exhibiting of relevant documents - Before conducting trial, adjudication of same found to be premature - No interference warranted in order granting..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Power of Magistrate - Course of action - Where sanction u/s 19 of P.C. Act or S.197 Cr.P.C. is required for taking cognizance of offences, it is not possible for Court to take cognizance of offence by applying its mind u/s..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction u/s 197 Cr.P.C. or sanction mandated under a special statute (as postulated u/s 19 of Prevention of Corruption Act) is a necessary pre-requisite, before a Court of competent jurisdiction takes cognizance of an offence (whether under the IPC or under the concerned special statutory enactment)..........
Criminal Procedure Code, 1973, Section 197, 319 -- Sanction for prosecution - Where cognizance is taken u/s 319 Cr.P.C., sanction either u/s 197 Cr.P.C. or under special enactment is mandatory pre-requisite...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Illegal or unauthorised detention by police officials - Said detention cannot be taken to have been made by accused while acting or purporting to act in the discharge of their official duties - Sanction for prosecution is not required...........
