Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 406, 409, 120B -- Public servant - Sanction for prosecution - Offence u/ss 406, 409, 120-B - Sanction for prosecution not required - It is no part of duty of public servant to enter into a criminal conspiracy for committing breach of trust...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Retirement - Offence committed in discharge of official duty - Held, sanction for his prosecution is required even after his retirement...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Official duty - Acting excess of duty - If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant from the..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Protection given u/s 197 Cr.P.C. is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or adequate protection to public servants to ensure that they are not..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Cognizance of any offence by any Court is barred unless sanction is obtained from the appropriate authority, if the offence alleged to have been committed, was in discharge of official duty - It is mandatory protection...........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Act committed by public servant in the course of service but not in the discharge of his duty and without any justification - Bar u/s 197 of the Code is not attracted...........
Prevention of Food Adulteration Act, 1954, Section 13(2), 7, 16(1) -- Intimation of report of Public Analyst sent to accused after the date of expiry of sample - Valuable right of accused to get sample analyzed by CFL seriously affected - Consent, connivance or negligence of accused not shown in commission of offence - Interim relief granted...........
Criminal Procedure Code, 1973, Section 24 -- Appointment - Additional Public Prosecutor - In the matter of appointment of respondent No.4 as Additional Public Prosecutor, there was no consultation made by respondent No.2-District Magistrate with respondent No.3-District Judge, as is required u/sub-s. (4) and (5) of S.24 of the Code of Criminal Procedure, 1973, for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 197 -- Dishonour of cheque - Public servant - Sanction for prosecution - Cheque issued by M.D. State Transport Corporation towards payment of instalments or payment of loan - M.D. was performing only his official functions - Sanction for prosecution is mandatory before cognizance of..........
Air (Prevention and Control of Pollution) Act, 1981, Section 54, 16, Criminal Procedure Code, 1973, Section 133, 482 -- M.P.Noise Pollution Control Rules, R.2 - Proceeding for removal of nuisance - Quashing of - Additional Sessions Judge has referred to the report of Regional Officer of M.P.Pollution Control Board, Rewa, wherein it was indicated that noise level was more..........
