Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 504, 323, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Quashing of FIR - Sanction for prosecution not taken - Offence u/ss 504, 323 120-B, S.3(1)(xi) of SC/ST Act - Petitioners are police officers, allowing prosecution of petitioners without..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - After framing of charge - Accused cannot seek discharge on ground of want of sanction - At that stage, accused can move only for canvassing an acquittal...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Committing certain excesses during performance of official duty - Sanction is necessary...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - When there is reasonable connection between alleged act done and official duty, sanction from competent authority is necessary...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 294, 326, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Sanction for prosecution - Offence u/ss 294, 326, 34 IPC and S.3(1)(x) of SC/ST Act - Petitioners being warden of jail were performing their official duties when complainant was found in..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - `Official duty' implies that act or omission should have been done in discharge of duty...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 504, 427 -- Sanction for prosecution - Offence u/ss 323, 504, 427 IPC - Accused a public servant at relevant time, as he was holding post of District Programme Officer - He was deputed in premises of District Magistrate in connection with `Janta Darbar' and was performing his duty on date of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Provisions of S.19 of P.C.Act will have an overriding effect over general provisions contained in S.190 or S.390 Cr.P.C. - Special Judge while trying an offence under P.C Act cannot summon another person and proceed against him in purported exercise of power u/s 319 Cr.P.C., as existence of..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Opportunity of hearing to accused - Act of giving sanction is only an administrative act and not a quasi judicial act - Order of sanction need not contain detailed reasons in support thereof - There is thus, no need to provide an opportunity of hearing to officer concerned before according..........
