Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Necessity - Without taking the plea in the Court taking cognizance the same cannot be raised in a petition u/s 482 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 19, 13(2), 7, 88, Criminal Procedure Code, 1973, Section 197 -- Corruption case against public servant - Department conducted enquiry and found it a false case - Sanction for prosecution refused by the competent authority - Subsequently competent authority reviewed its order and granted sanction - Held, once sanction for..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act not part of official duties - Sanction for prosecution not required...........
Criminal Procedure Code, 1973, Section 197 -- Threat by police official to make a tutored statement and tried to obtain signatures on blank paper under threat - Offence committed is not part of official duties - Sanction for prosecution is not required...........
Criminal Procedure Code, 1973, Section 227, 197, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1), 3(2) -- Discharge - Sanction for prosecution - Whatever allegations have been made against petitioner, those are when petitioner was functioning as then District Education Officer - All actions taken by her were in discharge of her..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409, 420, 467, 468, 471 -- Public servant - Sanction for prosecution - Offence u/ss 409, 420, 467, 468 & 471 IPC - Can by no stretch of imagination, by their vary nature, be regarded as having been committed by a public servant while `acting or purporting to act in discharge of official duty'...........
Criminal Procedure Code, 1973, Section 197, Andhra Pradesh General Sales Tax Act, 1957, Section 37 -- Sanction for prosecution - Sales Tax Department made a raid on the premises belonging to complainants - Complainants lodged a complaint with Magistrate that Sales Tax Officials took away certain documents without giving any receipt - Summoning order issued by Magistrate..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Not required at the time of presentation of challan - It is required at the stage of taking cognizance...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act done in discharge of official duty - Sanction for prosecution is mandatory - Act whether bona fide or mala fide is not consideration for obtaining sanction - Any Act done in discharge of official duty would not ipso facto invite criminal liability without sanction...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21 -- Public servant - Person appointed as Government Counsel for conducting arbitration cases for and on behalf of Union of India is a public servant...........
