Search Results for "sanction under section 197 CrPC"

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Search Results for "sanction under section 197 CrPC"

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High Court

Protecting the Fundamental Right to Liberty under Article 21. Illegal Arrest of a Decorated Police Officer: Bombay High Court Awards Compensation for Violation of Fundamental Rights.

25 Nov 2024

The Bombay High Court, in the case of Sambhaji Achyutrao Patil v. State of Maharashtra & Ors., addressed the illegal arrest and detention of a se...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

High Court

Bombay High Court Quashes Defamation Complaint Against BSNL Employee for Lack of Sanction Under Section 197 CrPC. Accused's Official Capacity Acts as Bar to Prosecution Without Prior Government Approval.

23 Nov 2017

The case involves a private complaint filed by Ramesh Tukaram Diwate (complainant) against Padmakar Gajananrao Pande (accused) under Section 500 of th...

High Court

Bombay High Court Dismisses State's Revision in Public Servant Prosecution for Lack of Sanction Under Section 197 CrPC. Alleged Sexual Harassment by Police Officer in Course of Official Duty Requires Sanction; Proceedings Stopped Under Section 258 CrPC.

11 Sep 2017

The State of Maharashtra filed a criminal application under Section 482 CrPC challenging the judgment and order of the Additional Sessions Judge, Akol...

High Court

Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

29 Mar 2017

The petitioner, Shri Babruwan Kinalkar, was a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2). The State (respondent...

High Court

Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

29 Mar 2017

The petitioner, Shri Babruwan Kinalkar, was a driver employed by the Kadamba Transport Corporation Limited (respondent no.2), a public sector undertak...

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 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 Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC — Applicant's Name Not in FIR, No Allegation of Demand or Acceptance of Bribe. The court held that the Magistrate's order refusing discharge was perverse for lack of application of mind and that the bar under Section 197 CrPC applies, requiring prior sanction for prosecution of a public servant.

22 Jan 2015

The applicant, Gajanan Modku Meshram, filed a criminal application under Section 482 CrPC seeking quashing of the order dated 16.3.2011 passed by the ...

High Court

Karnataka High Court Quashes Criminal Proceedings Against Journalists in Defamation Case for Lack of Sanction Under Section 197 CrPC. Retired Supreme Court Judge's Complaint Against Newspaper Reports on Lokayukta Raid Fails as Prior Sanction Required for Acts Done in Official Capacity.

21 Apr 2014

The petitioner, Hemant Nimbalkar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the orde...

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