Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Ambit of S.197 Cr.P.C. is wider as compared to S.19 of Prevention of Corruption Act - Whilst the requirement of prior sanction ceases in cases under P.C. Act after the public servant has retired but requirement of sanction u/s 197 CrPC continues even..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Previous sanction is required for prosecuting only such public servants who could be removed by sanction of the Government...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Accused alleged to have committed offences of house trespass, voluntarily causing hurt, theft in dwelling house and criminal intimidation - Held, acts do not relate to discharge of official duties and, hence, no sanction is required...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Exercise of power - Held, power to grant sanction is to be exercised strictly keeping in mind public interest and protection available to accused against whom sanction is sought - Order of sanction should make it evident that authority had..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Held, competent authority cannot delegate its power to some other officer or authority - Also sanction cannot be granted on basis of report given by some other officer or authority...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197, Delhi Special Police Establishment Act, 1946, Section 6 -- Sanction for prosecution - Validity - Held, CBI Manual based on provisions of Cr.P.C. is best authority to decide validity of sanction order...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Validity of sanctioning order can be challenged only at time of trial - It cannot be examined during stage of inquiry or at pre-trial stage...........
Prevention of Corruption Act, 1988, Section 19 -- Review of order declining prosecution sanction - Order declining sanction can be reviewed only when some new material or facts are placed on record - In the instant case order declining sanction reviewed without obtaining any fresh material and without recording plausible reason for according sanction - Impugned order..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Offence u/ss 7, 13(1)(d) & 13(2) of Prevention of Corruption Act - Petitioner was earlier tried and acquitted for the same offence on merits as well as for want of appropriate sanction - Filing of fresh charge-sheet after obtaining fresh sanction..........
