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..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act done in performance of public duty - For taking cognizance, sanction of competent authority is to be taken...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection u/s 197 Cr.P.C. is available to public servant when an offence is said to have been committed `while acting or purporting to act in discharge of their official duty' and not when acts are performed using office as a mere cloak for unlawful gains, as such acts are not..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complainant called for investigation - Complainant taken into custody and police officials brutally beat them at the police station when they were in lock up - Injuries caused by accused cannot be justified and cannot be said to have been inflicted while acting or purporting to act in discharge of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - There has to be coherent nexus between the act complained and the duty of the public servant - Only those acts or omissions done by a public servant in discharge of its official duty having direct nexus with his official duty are protected which acts are done bona fidely - There has to be a reasonable..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - It is imperative to seek aid of S.197 Cr.P.C. offence alleged meant to have been committed in discharge of the official duty of accused...........
