Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - An offence committed entirely outside the scope of duty of police officer, certainly does not require sanction - In case, an act is connected to the discharge of official duty of investigation of a recorded criminal case, act is certainly under colour of duty, no matter how illegal..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - If in doing an official duty a policeman has acted in excess of duty, but there is a reasonable connection between the act and the performance of the official duty, the fact that the act alleged is in excess of duty will not be ground enough to deprive the policeman of protection of..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - To decide whether sanction is necessary, test is whether act is totally unconnected with official duty or whether there is a reasonable connection with official duty - In case of an act of a policeman or any other public servant unconnected with the official duty there can be no..........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Once investigation has been completed and charge sheet is filed before competent Court then, effect of sanction is not material...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retired public servant - No sanction is required to prosecute a public servant who has ceased to hold office when prosecution is for offences under P.C Act...........
Prevention of Corruption Act, 1988, Section 19, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 409, 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where cognizance is taken by trial Court and charge sheet is already filed, prior sanction which is indirectly a shield provided to government servants to protect them for..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 341, 392 -- Sanction for prosecution - Public servant - Police constable slapped complainant and his money was snatched - Said act of police officer cannot be considered to be an act done in official discharge of his duty - Police officer not entitled to protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Petitioner though public servant working at the time of commission of offence but at the time of filing of charge sheet, he is not a public servant - Sanction for prosecution, not necessary...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
