Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Challenge as to - Writ petition - Question as to whether sanctioning authority has applied his mind or not is something which cannot be agitated in a writ petition - If petitioner has got a case that sanctioning authority accorded sanction without applying his mind, petitioner can very well..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Mere fact that there is a typographical error in showing the designation of accused, it cannot be said that sanction issued is bad, particularly when all other details of accused are correct...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Alleged offence was committed by police personnel while acting or purporting to act in discharge of official duty - Criminal proceedings against applicant without any proper sanction as required u/s 197 Cr.P.C. is erroneous and illegal...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority has to record reasons by applying independent mind while granting sanction to prosecute a public servant...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Sanction granted and draft to grant sanction are ad verbatim - Managing Director without any application of mind accepted request of Superintendent of Police ACB to grant prosecution sanction against accused which is contrary to requirement and object of S.19 of the Act - Sanction granted for..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While performing official duty, if a person acts in excess of his duty and there is a reasonable connection between the act and performance of official duty, act done in excess cannot be regarded as a sufficient ground to deprive public servant of protection u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - To arrest a fleeing accused, force can be used - If in that process any injury is caused, it cannot be said that police officer was not acting in discharge of his duty - Sanction for prosecution of police officer is necessary before taking cognizance...........
Armed Forces (Special Powers) Act, 1958, Section 6 -- Sanction for prosecution - Murder case - Mandatory previous sanction as required u/s 6 of the Act has not been obtained - Interim order passed staying further proceedings pursuant to FIR/Final report of Special Investigation Team/Charge sheet...........
