Criminal Procedure Code, 1973, Section 197, Water (Prevention and Control of Pollution) Act, 1974, Section 43, 44, 47, 48 -- Public servant - Sanction for prosecution - Offence u/ss 43, 44 of Water Act - Accused was Chief Officer of Gram Panchayat at the relevant time - He cannot strictly be called Head of Department of Government - Matter would come directly u/s 47 and..........
Prevention of Corruption Act, 1988, Section 19 -- Patwari - Sanction for prosecution - Collector is the only competent authority for grant of sanction for prosecution of a patwari - However, prosecution has obtained sanction from Additional Secretary Law and Legislative Affairs Department - Sanction is thus, not a valid sanction for prosecution...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Reference of FIR not given in the order granting sanction - Only for that reason, sanction does not vitiate when offence u/ss 13(1)(c), 13(1)(d), 13(2) of the Act is found...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Validity - Writ jurisdiction - Where it is not a case of absence of sanction, but a case of validity of sanction, High Court u/art 226 of Constitution would not take cognizance of matter before pre-cognizance stage - In fact even thereafter remedy may not lie u/art 226 of Constitution, but may be..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution of public servants - Not necessary after they demit office or retire from service...........
Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Dismissal of previous complaint for want of sanction - Second complaint after retirement of public servant is maintainable when sanction for prosecution is not necessary after demitting office or retirement...........
Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Public servant - Refusal of sanction for prosecution - Public servant cannot be prosecuted later after retirement of office notwithstanding that no sanction for prosecution is necessary after demitting office or retirement of public servant...........
Prevention of Corruption Act, 1988, Section 19, 8, 13(1)(c), 13(2), Indian Penal Code, 1860, Section 198 -- Sanction for prosecution - Offence u/ss 8, 13(1)(c), 13(2) of P.C Act and S.198 IPC - Accused seized to be public officer on the date of taking cognizance of offences against him - Allegations of abuse of office are not against accused - Allegations against accused..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Corruption case - PW1 is the author of sanction order - He is competent authority and in his cross-examination he has categorically stated that he sanctioned prosecution - Merely mentioning wrong provision of P.C. Act in sanction order would not vitiate sanction and trial pursuant thereof - Moreover, witness..........
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..........
