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Search Results for "discharge of official duty"

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High Court

Bombay High Court Quashes Process Order Against Public Servants for Lack of Sanction Under Section 197 CrPC. Acts of Demanding Permission to Put Up Society Board Held to Be in Discharge of Official Duty, Requiring Prior Sanction.

11 Nov 2025

The petitioners, five individuals who were office bearers of 'Shri. Sant Tukaram Nagari Sahakari Path Sanstha', a cooperative society, challenged the ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant in Assault Case Due to Lack of Sanction Under Section 197 CrPC. Proceedings Under Sections 353 and 186 IPC Quashed as Complaint Filed by Private Individual Without Requisite Sanction for Prosecution of Public Servant.

25 Oct 2016

The applicant, Kundan Khanderao Dhande, filed a criminal application under Section 482 CrPC seeking quashing of Criminal Proceeding bearing S.C.C. No....

High Court

Bombay High Court Quashes Chargesheet Against Doctor in Medical Negligence Case Due to Lack of Sanction Under Section 197 CrPC. Criminal proceedings for alleged negligence during emergency surgery set aside as doctor was a public servant acting in discharge of official duty.

23 Jun 2016

The petitioner, Dr. Dilip Amonkar, a Professor and Head of the Department of Surgery at Goa Medical College, was chargesheeted in connection with the ...

High Court

Bombay High Court Quashes Criminal Complaints Against Bharti Airtel for Lack of Sanction Under Section 197 CrPC — Public Servant Protection Extended to Employees of Municipal Corporation Acting in Discharge of Official Duty. Employees of Municipal Corporation are public servants under Section 21 IPC, and acts of removing unauthorized telephone cables are in discharge of official duty, requiring sanction under Section 197 CrPC before prosecution.

22 Sep 2015

The applicant, Bharti Airtel Limited, filed three criminal applications under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of...

High Court

Bombay High Court Quashes FIR Against Government Servant in Election Forgery Case — Lack of Sanction Under Section 197 CrPC. Allegations of impersonation and forgery during cooperative society election cannot proceed against public servant without prior sanction as required under Section 197 of Code of Criminal Procedure, 1973.

17 Jul 2015

The applicant, Deelip s/o Manmathappa Gaunder, was a government servant working as Assistant Registrar of Cooperative Societies at Sailu. He was array...

High Court

Bombay High Court Dismisses Applications to Quash FIRs Against Public Servants in Caste Certificate Fraud Cases — Sanction Under Section 197 CrPC Not a Ground to Quash FIR at Pre-Cognizance Stage. The court held that the requirement of prior sanction under Section 197 CrPC for prosecution of public servants is a matter to be considered at the time of taking cognizance, not at the FIR stage, and dismissed the applications seeking quashing of FIRs for alleged offences under the SC/ST Act and IPC.

22 Jun 2015

The judgment involves multiple criminal applications filed by public servants seeking quashing of FIRs registered against them for alleged offences un...

High Court

Bombay High Court Quashes FIR Against Police Officers for Lack of Sanction Under Section 197 CrPC and Section 170 BNSS. The court held that the police officers were acting in discharge of official duty and no sanction was obtained, hence the FIR is quashed.

30 Mar 2015

The petitioners, three police officers attached to Kharghar Police Station, filed a writ petition under Article 226 of the Constitution and Section 48...

High Court

Bombay High Court Quashes Criminal Proceedings Against Retired Municipal Employees in Forgery Case Due to Lack of Sanction Under Section 197 CrPC. Allegations of Fabricating Official Records Require Prior Sanction for Prosecution of Public Servants for Acts Done in Discharge of Official Duty.

6 Feb 2015

The petitioners, four retired employees of the Municipal Council, Ahmedpur, filed a Criminal Writ Petition under Article 226 of the Constitution of In...

High Court

Bombay High Court Quashes Criminal Proceedings Against Bank Officials in Security Guard Board Complaint — Lack of Sanction Under Section 197 CrPC. Prosecution for alleged cheating and criminal breach of trust by bank officials in relation to security guard services fails as prior sanction for acts done in official capacity was not obtained.

16 Apr 2013

The petitioners, officers of Bank of Baroda (a nationalized bank), were facing criminal proceedings initiated by the Security Guard Board for Greater ...

High Court

Bombay High Court Quashes Criminal Case Against Accountant in Corruption Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a Senior Division Accounts Officer, was accused of criminal breach of trust and conspiracy for failing to object to irregular purchases, but the court held that sanction for prosecution was mandatory as the alleged acts were in discharge of official duty.

11 Aug 2006

The petitioner, Prakash Vasudeo Tare, was a Senior Division Accounts Officer in the employment of the Accountant General (A. & E.) II Maharashtra, Nag...

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