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 482, 202, 190 -- Complaint - Summoning - Quashing - Some of the illustrative grounds are : (1) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation of - All witnesses have already been examined and investigation is over - Charge-sheet is going to be filed after obtaining sanction from Govt. - A1 and A2 are also strictly complying with the condition by appearing before Judicial Magistrate everyday at 10.30 A.M. - Fleeing from justice and tampering with..........
Prevention of Corruption Act, 1988, Section 19, 7, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 120B -- Illegal gratification - Offence u/ss 7, 13(1)(d), 13(2) and S.120-B IPC - Sanction for prosecution granted u/s 19 of Corruption Act - Sanction u/s 197 Cr.P.C. for prosecution of offence u/s 120-B IPC is not required since..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Sanction - High Court in exercise of its power u/s 482 Cr.P.C. is not to assess the sanction order as if it were sitting in appeal or revision for a sanction to be valid...........
Prevention of Corruption Act, 1988, Section 5, Criminal Procedure Code, 1973, Section 156(3) -- Cognizance of offence - Sanction - Requirement of - Powers of Special Judge - Held, application u/s 156(3) CrPC cannot be rejected on ground that "sanction" of appropriate government or authority would be required at the time of taking cognizance...........
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...........
