Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Sanction whether necessary or not may have to be determined at any stage of the proceedings...........
Criminal Procedure Code, 1973, Section 197, 482 -- Public servant - Sanction for prosecution - Want of sanction - Quashing of proceedings - Application u/s 482 Cr.P.C. is maintainable to quash proceedings which are ex facie bad for want of sanction, frivolous or an abuse of process of Court - If, on the face of complaint, act alleged appears to have a reasonable..........
Criminal Procedure Code, 1973, Section 197, Karnataka Police Act, 1963, Section 170 -- Sanction for prosecution - Protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and official duty is not merely a cloak for objectionable act...........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - An offence committed entirely outside the scope of duty of police officer, certainly does not require sanction - In case, an act is connected to the discharge of official duty of investigation of a recorded criminal case, act is certainly under colour of duty, no matter how illegal..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - If in doing an official duty a policeman has acted in excess of duty, but there is a reasonable connection between the act and the performance of the official duty, the fact that the act alleged is in excess of duty will not be ground enough to deprive the policeman of protection of..........
Criminal Procedure Code, 1973, Section 197 -- Police Officer - Sanction for prosecution - To decide whether sanction is necessary, test is whether act is totally unconnected with official duty or whether there is a reasonable connection with official duty - In case of an act of a policeman or any other public servant unconnected with the official duty there can be no..........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Criminal Procedure Code, 1973, Section 157 -- Delay in compliance of S.157 Cr.P.C. - By itself not a good ground to acquit accused...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27, Criminal Procedure Code, 1973, Section 157 -- Non-compliance of S.157 Cr.P.C. - Murder - Eye witnesses correctly identified accused and also narrated motive, which would be a corroborative factor - Clothes worn by eye witnesses were seized and as per chemical examination report presence of human blood..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
