Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Court while refusing to take cognizance for want of prosecution sanction, cannot issue direction to I.O to obtain prosecution sanction...........
Criminal Procedure Code, 1973, Section 156(3), 197 -- Complaint u/s 156(3) Cr.P.C. - Police official discharging his official duty - There must be a prior sanction to proceed against such officer - Filing of private complaint itself is abuse of process of law - Moreover, entertaining such complaint and directing to register FIR without applying mind by Magistrate is..........
Criminal Procedure Code, 1973, Section 156(3), 197, 195, 340 -- Application u/s 156(3) Cr.P.C - Non compliance of Court orders by Revenue Authorities - Lower Court rightly held that without sanction Court cannot take cognizance and that complaint is also barred u/s 195 Cr.P.C. because the proceedings could be initiated after enquiry u/s 340 Cr.P.C. by lodging the complaint..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Detention of person in police custody not authorized by law - Cannot be treated as an act committed in discharge of official duty - Sanction u/s 197 Cr.P.C not warranted...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - If in doing official duty public officer if committed any mistake or has been summoned in excess of duty even then sanction of Government as provided u/s 197 Cr.P.C is mandatory...........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Quashing of proceedings - If on face of complaint, act alleged appears to have a reasonable relationship with official duty, power u/s 482 Cr.P.C would have to be exercised to quash proceedings to prevent abuse of process of Court...........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 427 -- Sanction for prosecution - Quashing of proceedings - Offence u/s 427 IPC - Magistrate illegally taken cognizance of offence summoning accused u/s 427 IPC, which is ex facie bad for want of sanction - Summoning order and complaint quashed for want of sanction...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(4), 3(15), 3(5) -- Sanction for prosecution - Cheating - Forgery - Official work assigned to accused fell within his domain of work - Role assigned to accused in the case is..........
