Prevention of Corruption Act, 1988, Section 19 -- (As amended) - Sanction for prosecution - Public servant cannot be prosecuted without sanction and his retirement from service does not make any difference in the matter of obtaining sanction...........
Indian Penal Code, 1860, Section 420, 465, 468, 471, Passport Act, 1967, Section 12(1)(b) -- Cheating - Forged document - Motive to create forged document by accused is not proved - Prosecution agency has not referred said forged document before handwriting expert to verify it - Want of sanction is fatal to prosecution case and there is no sanction as per S.15 of Passport..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Public trust -- Sale of trust property - Prior sanction - Decision of trust based on realistic assessment - Most crucially the properties were valued and proposed to be sold by public tender - Disregarding all this disclosed transparency, Registrar on the basis of her subjective notion of what constituted best of the trust, could not have rejected the application - High..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Statement of sanctioning authority has been recorded as PW99 - Matter is pending trial - Court feels to abstain from making any comment as legality shall be adjudicated by trial Court after final arguments are heard - Since there are no legal grounds to interfere in the course of trial, petition..........
Prevention of Corruption Act, 1988, Section 17A -- Prior approval of competent authority - Inquiry and investigation - Allegation of demanding illegal gratification relates to discharge of official duties of accused and no prior approval of competent authority has been obtained - Proceedings or very attempt to arrest accused on the spot on the charge of accepting bribe may..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority signed the draft order or copying the same under his signatures, which frustrate the mandate of provision of S.19 of the Act - It is enjoined upon competent authority to apply its mind instead of towing the line with investigating agency mechanically - Even, otherwise, when..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - If in doing official duty public officer if committed any mistake or has been summoned in excess of duty even then sanction of Government as provided u/s 197 Cr.P.C is mandatory...........
Criminal Procedure Code, 1973, Section 197, 482 -- Sanction for prosecution - Quashing of proceedings - If on face of complaint, act alleged appears to have a reasonable relationship with official duty, power u/s 482 Cr.P.C would have to be exercised to quash proceedings to prevent abuse of process of Court...........
Criminal Procedure Code, 1973, Section 197, 482, Indian Penal Code, 1860, Section 427 -- Sanction for prosecution - Quashing of proceedings - Offence u/s 427 IPC - Magistrate illegally taken cognizance of offence summoning accused u/s 427 IPC, which is ex facie bad for want of sanction - Summoning order and complaint quashed for want of sanction...........
