Search Results for "sanction under section 197 CrPC"

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Upholds Conviction of Court Clerk for Criminal Breach of Trust and Forgery of Records. Property Clerk misappropriated muddemal property and amounts, and made false entries in registers, convicted under Sections 409, 466, 477 IPC.

The applicant, Kanhaiyalal Damahe, was a property clerk in the Court of Civil Judge Junior Division, Saoner, from 1.6.2001 to 31.5.2005. During his te...

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Bombay High Court Dismisses Petition Challenging Process Under Section 173 IPC for Obstructing Bailiff. Refusal to Accept Summons and Obstruction of Affixation Not Part of Official Duties, No Sanction Required Under Section 197 CrPC.

The petitioner, Bhikkanrao T. Baviskar, was the Chief Officer of Municipal Council, Nandurbar. A bailiff from the Court of Civil Judge Senior Division...

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Bombay High Court Quashes Criminal Proceedings Against Public Servants in Misappropriation Case for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Discharge of Official Duty, Making Sanction Mandatory.

The petitioners, who were public servants working as Junior Engineer, Assistant Account Officer, Gram Sevak, and Junior Engineer in Panchayat Samiti U...

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Supreme Court Allows Appeal, Restores Complaint Against Police Officer in Assault and Theft Case — High Court Exceeded Jurisdiction Under Section 482 CrPC by Appreciating Evidence and Erred in Requiring Sanction Under Section 197 CrPC.

The appellant, Devendra Prasad Singh, filed a complaint against respondent No. 2, a police officer (SHO), alleging offences under Sections 323, 341, 3...

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Supreme Court Allows Appeal in Customs Prosecution for Export of Antiquities — Prosecution Under Customs Act Not Barred by Antiquities and Art Treasures Act, 1972. Held that the Customs Act, 1962 applies alongside the Antiquities Act, and prosecution under Sections 132 and 135 is maintainable.

The appeal arose from a judgment of the Delhi High Court upholding the discharge of the respondent, Sharad Gandhi, from offences under Sections 132 an...

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Bombay High Court Quashes FIR Against Police Inspector in Abetment to Suicide Case — No Prima Facie Case Under Section 306 IPC. Allegations of Fabrication of Evidence Under Section 167 IPC Also Fail as No Material to Show Intent to Cause Suicide.

The applicant, Sainath Ramrao Thombre, a Police Inspector, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeki...