Prevention of Corruption Act, 1988, Section 19, 13, Criminal Procedure Code, 1973, Section 197 -- Illegal Gratification - Sanction - Motive has been proved as bribe money was demanded for not giving beating to X, who was in police lock up who was earlier given beatings - Act cannot be said as done while performing official duties - No need of sanction under Cr.P.C. - SP..........
Indian Penal Code, 1860, Section 332, 333, 356, 186 -- Causing grievous hurt to deter public servant from his duty - Accused deterred public servant from discharging his official duty and attacked him - Injured witness/public servant had set law in motion without any loss of time - Injured witness clearly deposed that accused attacked him and caused injuries - Medical..........
Arms Act, 1959, Section 25 -- 12 bore country made pistol was recovered from possession of accused - Recovery is proved by the testimony of official witnesses - Pistol was also found in working condition - Accused rightly convicted...........
Constitution of India, 1950, Article 226 -- Writ Petition - Recovery of excess payment - Alleged excess payment was made to members of association because of bonafide wrong impression - No allegation by University against members of association that they have either canceled any material fact or misrepresented the case for purpose of claiming alleged excess payment - Clear..........
Criminal Procedure Code, 1973, Section 197, 482 -- Quashing of criminal complaint - Plea of accused that sanction has not taken - Confining of wife of complainant and minor children in lock-up without any case, shows that petitioners have not acted in discharge of their official duties - Sanction is not required for filing complaint - Complaint cannot be quashed...........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Accused demanded and accepted Rs.3000 as illegal gratification from complainant for disbursement of remaining loan amount - Recovery of tainted currency notes from possession of accused, established by cogent and consistent testimonies of official witnesses - Accused had not given any explanation as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 2 kgs of opium - Conscious possession of accused fully established on record which was corroborated by testimonies of official witnesses - Merely on the fact that independent witness was not examined by prosecution as he was won over by accused, is not fatal to prosecution case as he admitted..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 499, 500 -- Public servant - Sanction for prosecution - Act of defamation does not come within purview of official duty and therefore, sanction for prosecution u/s 197 Cr.P.C. is not required...........
Criminal Procedure Code, 1973, Section 197, 340 -- Sanction for prosecution - Complaint u/s 340 Cr.P.C. - Prosecution miserably failed to show that there is reasonable connection between the act complained of and discharge of official duty by appellants - Complaint held not maintainable in view of provision of S.197 Cr.P.C. in the absence of sanction...........
Evidence Act, 1872, Section 65B -- Electronic record - Statement of account - Certificate issued u/s 65-B of the Act that statement of account was true print out of electronic record - Such certificate u/s 65-B of Act must be signed by a person occupying a responsible official position in relation to operation of relevant device or management of relevant activities so that..........
