Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197 -- Public servant - Illegal gratification - Sanction for prosecution - Sub Inspector of Police - Sanctioning authority is Deputy Inspector of Police under Prevention of Corruption Act and not the Govt. - Sanction for prosecution of Govt. is not required - Sanction for prosecution..........
Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197 -- Public servant - Illegal gratification - Sanction for prosecution - Sub Inspector of Police accepting illegal gratification during investigation of offence under Essential Commodities Act - Sanction for prosecution of DIG Police is required and not that of Govt. - Govt...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21 -- Public servant - Prosecution against an officer of the Government company or a public undertaking does not require any sanction u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 21 -- Public servant - Class I Officer of State Govt. deputed to work as Managing Director of a Co-operative Society - At relevant time appellant not drawing salary from Govt. and was not in service of State Govt. - Appellant cannot be said to be a public servant - No sanction is required for..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Official duty - Protection of S.197 Cr.P.C. is available to only those acts or omissions which are done by a public servant in discharge of official duty and not every act or omission done by a public servant in service...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d) -- Public servant - Sanction for prosecution - Cognizance taken when there was no sanction for prosecution - Sanction issued retrospectively - This is a fundamental error which invalidates the cognizance as without jurisdiction...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d) -- Public servant - Sanction for prosecution - Prosecution of Public Servant in corruption case - Accused serving in Govt. undertaking - Under service rules, power of appointment and dismissal vested in Board of Directors - Sanction for prosecution issued by Chairman of..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(d) -- Public servant - Sanction for prosecution - Cognizance taken without sanction for prosecution - Order of taking cognizance set aside - In view of gravity of offence, authority permitted to issue a fresh sanction order and proceed afresh from the stage of taking..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Cognizance taken without sanction for prosecution - Bad in law - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 197, 200, 204, Prevention of Corruption Act, 1988, Section 15, Indian Penal Code, 1860, Section 120B, 409, 511, 34 -- Public servant - Complaint u/ss 120-B, 409, 511/34 IPC and S.15 Prevention of Corruption Act - Magistrate taking cognizance - Appropriate sanction not obtained before taking cognizance - Order taking cognizance,..........
