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...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - It is not every offence committed by a public servant that requires sanction for prosecution u/s 197 Cr.P.C. nor even every act done by him while he is actually engaged in the performance of his official duties but if act complained of is directly concerned with his official duties so..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Employees of public sector corporations are not entitled to protection u/s 197 Cr.P.C as `public servant'...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C with regard to appellant Nos. 3 and 4 treating them to be `public servant' simply does not arise, as they ceased to be government employees after their absorption in Corporation, prior to complaint - As regarding appellant No.2 since there is no..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Act done in performance of public duty - Even otherwise, complaint is lodged on the next date as a counter blast to proceedings initiated by petitioner for removal of encroachment on public land - Sanction u/s 197 Cr.P. a prerequisite for taking cognizance against petitioner...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Bank Manager of a nationalized bank - Not removable by or save with the sanction of Government - Not covered u/s 197 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - In order to attract rigor of S.197 Cr.P.C, it is necessary that offence alleged against a Government Officer must have some nexus or/and relation with discharge of his official duties as a Government Officer - In the instant case alleged offences committed while not discharging official duties or..........
Criminal Procedure Code, 1973, Section 197, 239 -- Sanction for prosecution - Facts on record prima facie shows that sanction order was issued - Validity of sanction can be tested at the time of trial - Plea of defence also can be considered during trial - Discharge application rightly rejected...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 304A -- Sanction for prosecution - Complaint against government doctor u/s 304-A IPC - As doctor was performing official duties, therefore, sanction for prosecution was required from competent authority to prosecute petitioner u/s 197 Cr.P.C, as alleged act was done by petitioner in discharge of..........
