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..........
Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Where it was no duty of a public servant to commit a criminal act, which is indeed the act complained of, want of sanction u/s 197(1) Cr.P.C. was no bar to prosecution...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Question as to whether act complained of is done in performance of duty, is to be determined by the competent authority, and not by the Court - Legislature has conferred "absolute power" on the statutory authority to accord sanction or withhold the..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While discharging official duties, if a public servant enters into a criminal conspiracy or indulges in criminal misconduct, such misdemeanor on his part is not to be treated as an act in discharge of his official duties and therefore provisions of S.197 Cr.P.C. will not be attracted...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Declining sanction to prosecute - Review of order on the basis of same material is not permissible...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial - Moreover, it is not a part of duty..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C. can be raised at any time after cognizance had been taken and may have to be determined at different stages of the proceeding/trial...........
