Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197, Delhi Special Police Establishment Act, 1946, Section 6 -- Sanction for prosecution - Validity - Held, CBI Manual based on provisions of Cr.P.C. is best authority to decide validity of sanction order...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity of sanctioning order can be challenged only at time of trial - It cannot be examined during stage of inquiry or at pre-trial stage...........
Criminal Procedure Code, 1973, Section 197 -- Prosecution against public servants - Following ingredients must be satisfied - (a) Person concerned is or was judge or magistrate or public servant; (b) Such Person is not removable from his office save by sanction of Government; (c) Such person is accused of commission of an offence; and (d) such offence is committed while..........
Criminal Procedure Code, 1973, Section 197 -- Official Duty - Interpretation of - It denotes a duty that arises by reason of an office or position of trust or authority held by person...........
Criminal Procedure Code, 1973, Section 197 -- Prosecution of public servants - Protection under - Held, test of direct and reasonable connection between official duty of accused and acts allegedly committed by them is, therefore, true test to be applied while deciding whether protection u/s 197 CrPC is available or not...........
Criminal Procedure Code, 1973, Section 197 -- Prosecution of public servant - Held, public functionaries cannot under the cloak of purported discharge of official duties resort to harassment and humiliation of citizens on the pretext of complaint received by them, especially when the same does not disclose commission of any offence triable by Executive Magistrate or..........
Criminal Procedure Code, 1973, Section 53, 54, 107, 197, Indian Penal Code, 1860, Section 500, 354, 498 -- Adultery - Bald allegation that appellant is living in illicit relationship - Held, in such situation, there is no scope for the respondent to invoke S.107 CrPC and contend that he acted by virtue of authority vested in him...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence alleged to have been committed must have something to do or must be related in some manner with discharge of official duty - In the instant case, act of petitioner does not come within the sweep of due discharge of official duty rather it amounts to misutilization of his power as a police..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - When charge sheet was submitted accused was not holding Public Office which he abused - Sanction for prosecution to prosecute the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Offence u/ss 409, 406, 467, 468, 120-B IPC and Ss.13(1)(d), r/w S.13(2) of Prevention of Corruption Act - Sanction of prosecution - A Public Servant holding two posts i.e. one under Govt. and the other on deputation with a Corporation - Public servant misusing the..........
