Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13(1)(a), 13(2) -- Sanction for prosecution - Offence u/ss 13(1)(a), 13(2) IPC - Retirement of accused - Where competent authority refused to grant sanction for prosecution to accused while he was in service, accused cannot be prosecuted later after retirement, notwithstanding the fact..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Distinction between the two provisions - In the case related to S.197 Cr.P.C. substratum of basic feature of the case has to be considered to find out whether the alleged Act has nexus with the discharge of official duty - The position..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(2), 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss. 13(1)(d)(2) of P.C.Act and Ss. 409, 467, 468, 471 & 120-B IPC - Opportunity of hearing can neither be claimed nor required to be given before granting sanction for prosecution to public servant as it is not a quasi judicial..........
Criminal Procedure Code, 1973, Section 197 -- Prosecution of public servant - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Allegation against petitioner & others that they verbally abused complainant and his wife and that they had called them names with regard to their low caste status and had..........
Criminal Procedure Code, 1973, Section 197, 482 -- Quashing of FIR - FIR was lodged on 26.09.1991 in connection with incident alleged to have taken place in 1988 - After lodging of FIR more than 22 years have lapsed - It is not in dispute that petitioner at relevant time was a public servant - Prima facie, act complained of is an act committed by petitioner in discharge of..........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Accused was discharging his official duties - Absence of prior sanction from the competent authority before taking cognizance of offence - Cognizance and proceedings of complaint quashed...........
Criminal Procedure Code, 1973, Section 197 -- M.P. Vinirdishta Bhrastha Acharan Niwaran Adhiniyam, 1982, S.39 - - Sanction for prosecution - Opportunity of hearing - Held, at the time of grant of sanction there is no need to give opportunity of hearing to concerned public servants...........
Criminal Procedure Code, 1973, Section 197 -- Indian Penal Code, 1860, S.409 - Sanction for prosecution - "Offence committed in discharge of official duty" Misappropriation - Engineers misappropriated budget granted to them for doing some public work - Held, their act was not at all connected with their public duty - On contrary, it was a crime and therefore, no sanction..........
Criminal Procedure Code, 1973, Section 197 -- Sanction to prosecute - Declined - Order declining sanction not very articulate in the sense of containing sum total of reasons in support of conclusion - However, order based on justice, equity and good conscience - Impugned order does not warrant any interference...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 465, 467, 471, 477A, 120B -- Public servant - Sanction for prosecution - Offence of misappropriation and cheating - Cannot be relatable and in connection with or in relation to discharge of official duty - For such illegal act, no sanction u/s 197 Cr.P.C. is at all necessary...........
