Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Two requirements to be fulfilled are : (i) it should be a case of public servant not removable from his service save by or with the sanction of government; (ii) offence alleged to have been committed by him was while acting or purporting to act in discharge of official duties - If, either of the..........
Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197 -- Illegal Gratification - Sanction - Motive has been proved as bribe money was demanded for not giving beating to X, who was in police lock up who was earlier given beatings - Act cannot be said as done while performing official duties - No need of sanction under Cr.P.C. - SP..........
Criminal Procedure Code, 1973, Section 197 -- Sanction - Complainant alleged that District town Planner asked for the transfer of half land in his favour in lieu of issuance of CLU for the plot - No sanction has been obtained from competent authority before prosecuting the District town Planner - Only on the basis of oral statement of complainant it is not sufficient to..........
Criminal Procedure Code, 1973, Section 197, 482 -- Quashing of criminal complaint - Plea of accused that sanction has not taken - Confining of wife of complainant and minor children in lock-up without any case, shows that petitioners have not acted in discharge of their official duties - Sanction is not required for filing complaint - Complaint cannot be quashed...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500 -- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity - Prosecution sanction issued after approval of higher authorities - Note-sheet prepared by Dy. Secretary reveals that he has taken into consideration material available on record and came to conclusion that prima facie case is made out - Said..........
Criminal Procedure Code, 1973, Section 197, 340 -- Sanction for prosecution - Complaint u/s 340 Cr.P.C. - Prosecution miserably failed to show that there is reasonable connection between the act complained of and discharge of official duty by appellants - Complaint held not maintainable in view of provision of S.197 Cr.P.C. in the absence of sanction...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Sanction for prosecution - Accused discharged as sanction for prosecution was refused - A fresh challan cannot be filed after superannuation of accused from service...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Every case against a public servant, alleging an offence punishable under the provisions of P.C. Act can be presented only on obtaining a prior sanction u/s 19 of P.C.Act - But a sanction u/s 197(1) Cr.P.C. is not required to be obtained as a matter..........
