Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Corruption case - Public servant - Grant of sanction - Procedure to be followed - Held, what is material at the time of granting sanction to prosecute is that necessary facts collected during investigation constituting the offence has to be placed before sanctioning authority and..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - There is a distinction between the two provisions - Sanction for prosecution u/s 19 of Prevention of Corruption Act is not required in respect of those who had ceased to be a public servant whereas u/s 197 Cr.P.C. sanction for..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - For applicability of the provision of S.197 Cr.P.C. it is not necessary that public servant must act in his official capacity - Even when a public servant purports to act in his official capacity, the same will attract the provision of S.197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Discharge of official duty - Committal of offence - Held, S.197 can be invoked, it must be shown that official concerned was accused of an offence alleged to have been committed by him while acting or purporting to act in discharge of his official duties - It is not duty which requires examination so..........
Maharashtra Control of Organised Crime Act, 1999, Section 23(2), Criminal Procedure Code, 1973, Section 197 -- Comparison with regard to sanction required u/s 197 Cr.P.C. and u/s 23(2) of MCOCA was misconceived - S.23(2) should serve as a check against any malafide private complaint under the Act made with the intention of misusing the provisions of the Act...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Official duty - Meaning of - Held, use of expression, `official duty' implies that act or omission must have been done by public servant in course of his service and that it should have been in discharge of his duty - Section does not extend its protective cover to every act or omission done by a..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Illegal gratification - Public servant - Sanction for prosecution - Sanction proved by sanctioning authority himself appearing as a witness who deposed that sanction was granted after going through the papers produced before him - Once the sanctioning authority has been produced..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Two conditions are sine-qua-non (1) that the public servant is only removable from the office by the State Govt. or with the sanction of the State Govt. and (2) that he has committed the alleged act in discharging or purporting to discharge of his official duty...........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 19 -- Additional accused - Illegal gratification - Petitioner cannot be summoned as an additional accused against whom sanction for prosecution was earlier not granted...........
Prevention of Corruption Act, 1988, Section 6, 5(2), Indian Penal Code, 1860, Section 420 -- Offence u/s 420 IPC and S.5(2) Prevention of Corruption Act - Sanction for prosecution - Validity - File produced before competent authority who after due application of mind to the facts and circumstances accorded sanction for prosecution - Held, sanction granted for prosecution..........
