Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Object of S.197 Cr.P.C is to protect public servants to ensure that they are not prosecuted for anything done by them in discharge of their official duties without reasonable cause - However, such protection is provided only for act done by public servant connected with his official..........
Indian Penal Code, 1860, Section 420, 465, 466, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482, 197 -- Quashing of proceedings - Cheating - Manipulation and tampering of public records - Documents in questions were manipulated and tampered by A-1 to A-5 with the help of officials of Registration Department with an intention to introduce Common pathway in..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Allegation against I.O - Petitioner misused his authority as Sub-Inspector of police and he intentionally aided actual accused - He admittedly falls within definition of Public Servant u/s 21 IPC and therefore, it is mandatory to follow provision u/s 197 Cr.P.C - Cognizance of offence taken by Court..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complaint against police personnels - Allegation of beating and hurling abuse levelled against petitioners - There is no requirement of sanction u/s 197 Cr.P.C, as act of petitioners does not come within the purview of discharge of official duty - Petition for quashing of proceedings dismissed...........
Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 354 IPC - Complainant alleged outraging her modesty by A-2 by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Such action cannot by any stretch of imagination be said to have been committed in course of discharge of an official duty as it..........
Criminal Procedure Code, 1973, Section 197, 397 -- Sanction for prosecution - Cannot be gone into by Court in a Revision - Said issue requires examination by Court below before taking cognizance - Court can examine whole materials, and see whether sanction is required to prosecute petitioners and others - Order passed by Court below taking cognizance set aside - Trial..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 166, 166A, 167 -- Sanction for prosecution - Offence u/ss 166, 166-A, 167 IPC - Nature of offending acts of petitioner itself makes it obligatory that before seeking prosecution of public servant charged with such offences, prosecution must invariably seek sanction to prosecute such public servant..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 109, 420, 201, 120B, 417, 467, 468, 477A, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2)(d) -- Sanction for prosecution - Offence u/ss 109, 420, 201, 120-B, 417, 467, 468, 477-A IPC and Ss.13(1)(d), 13(2)(d) of P.C Act - Prosecution failed to take sanction to prosecute applicant prior..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 420, 467, 471, 409, 120-B IPC - Petitioner was working as clerk in municipal Board, therefore, while maintaining files he was acting or purporting to act in discharge of his official duty, hence, sanction for prosecution u/s 197 Cr.P.C was essential - Moreover, there is nothing on record..........
