Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C is available only where the alleged act done by public servant is reasonably connected with discharge of his official duty and not merely a cloak for doing the objectionable act...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction can be challenged at any stage - Contention that question of sanction could only be agitated during trial rejected...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(1)(e), Indian Penal Code, 1860, Section 405 -- Sanction for Prosecution - Acquisition of assets disproportionate to known source of income - Governor quoted the complaint in detail in his order of sanction - But there is no finding as to why Governor accorded sanction..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Sanction for prosecution - Offence u/s 120-B IPC and u/ss 13(1)(d), 13(2) of P.C. Act - Accused allegedly entered into criminal conspiracy by abusing their official positions as public servants - Accused illegally transferred..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Previous sanction is required for prosecuting only such public servant, who can be removed by sanction of Government - Sanction u/s 197 Cr.P.C. is required to the offences committed in course of discharge of official duty...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - When a public servant has allegedly committed offence of cheating, criminal breach of trust, misappropriation/embezzlement, such offences cannot be said to be committed by public servant while acting or purported to act in discharge of official duty, therefore, for such offences,..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167 -- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Medical negligence - Death of patient during performance of operation - Doctors were performing their public duties, as they were performing surgery on the patient in the Government hospital - Held, prosecution against appellants is not maintainable without..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(Ga) -- Sanction for prosecution - Quashing of sanction - Writ petition - Maintainability - Petitioner questioning the correctness of sanctioning order has remedy of assailing the validity of such order before trial Court itself - Material forming basis of sanction order cannot be..........
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13 -- Sanction for prosecution - Offence u/ss 420, 409, 120-B IPC and S.13 of P.C.Act - Accused allegedly misappropriated public money while implementing the schemes in the course of their official duties - Acts of misappropriation as..........
