Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1947, Section 5(2), 6 -- Public servant - Sanction for prosecution - Illegal gratification - Sanction order indicated that Rs.5,000/- out of Rs.15,000/- had been recovered during investigation although there had been no recovery at all - It will not make the sanction invalid...........
Criminal Procedure Code, 1973, Section 197 -- Scope - Act complained of conspiracy to save accused and removing of statement of witness from challan - Act complained has no connection with discharge of official duty - Provision of S.197 Cr.P.C. is not attracted - There is no need of sanction as envisaged u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - An act done by an officer in course of service but not in discharge of his duty and without any justification therefore, then bar u/s 197 Cr.P.C. is not attracted...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Official duty - Implies that act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty - Provision does not extend its protective cover to every act or omission done by a public servant in service but..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Expression 'no Court shall take cognizance of such offence except with the previous sanction' - Use of words 'no' and 'shall' make it abundantly clear that the bar on the exercise of power by the court to take cognizance of any office is absolute and complete - Very cognizance is..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C. is not necessarily to be considered when complaint is lodged - In offences under Prevention of Corruption Act, this question may arise at any stage of the proceeding - Question whether sanction is necessary or not may have to be determined from..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction can be raised at any time and even at the time of conclusion of trial...........
Criminal Procedure Code, 1973, Section 197 -- Protection of S.197 Cr.P.C. - For claiming protection u/s 197 it has to be shown by accused that there is a reasonable connection between the act complained of and discharge of official duty - Acts of accused complained of must be such that the same cannot be separated from the discharge of official duty - However, when there..........
Criminal Procedure Code, 1973, Section 197 -- Registrar registering sale deed which was forged one - No allegation that accused took bribe in getting sale deed executed - Possibility of bona fide mistake or omission in duty could not be ruled out - Court held act or omission found in sale deed or in the register of Sub Registrar was in exercise of official duty of accused..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Prosecution for giving abuses - It is no part of official duty to commit offence - Sanction for prosecution is not required...........
