Search Results for "sanction under section 197 CrPC"

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Search Results for "sanction under section 197 CrPC"

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Supreme Court

Supreme Court Dismisses Appeal Against Discharge of Police Officials in Criminal Case Due to Lack of Prima Facie Evidence. The Court upheld the High Court's decision affirming the Sessions Court's discharge order under Section 227 of the Code of Criminal Procedure, 1973, finding insufficient material to frame charges for offences under Sections 147, 323, 342, 504, and 506B of the Indian Penal Code, 1860.

12 Apr 2023

The dispute originated from a private complaint filed by the original appellant (complainant) under Section 200 of the Code of Criminal Procedure, 197...

High Court

Bombay High Court Quashes Criminal Complaint in Fabrication of Evidence Case — Postal Receipt Not Conclusive Proof of Service. Court holds that mere affixation of a postal receipt on a letter does not prove dispatch or receipt, and criminal proceedings for forgery cannot be sustained without prima facie evidence of fabrication.

24 Feb 2023

The applicant, Hari Prakash Tripathi (accused no.1), filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging...

High Court

Bombay High Court Dismisses Applicant's Challenge in Forgery Case, Upholds Quashing of Summons for Lack of Sanction Under Section 197 CrPC. Respondent, a General Manager and CFO of a Government Company, is a Public Servant Entitled to Protection Under Section 197 CrPC for Acts Allegedly Committed in Discharge of Official Duty.

14 Feb 2020

The applicant, Narendra Dejoo Shetty, Executive Chairman of Haldyn Glass Limited and Managing Director of Haldyn Corporation Limited, filed a criminal...

High Court

High Court of Karnataka Quashes CBI Charge Sheets Against Cooperative Society Chairman for Lack of Sanction Under Section 197 CrPC. Chairman of cooperative society held to be a public servant under Section 21 IPC, requiring prior sanction before prosecution.

20 Feb 2019

The petitioners, M/s. Ghataprabha Sahakari Sakkare Karkhane Niyamit (a cooperative society) and its Chairman, Lakhan Laxmanrao Jarkiholi, filed two wr...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sericulture Officers in Misappropriation Case — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Criminal proceedings under Sections 409 and 420 IPC against public servants quashed for want of prior sanction as required under Section 197 of CrPC, as the alleged acts were committed in discharge of official duties.

10 Sep 2018

The case involves multiple writ petitions filed by public servants working as Sericulture Inspectors and a retired Deputy Director of Sericulture in K...

High Court

High Court of Bombay at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Inordinate Delay and Lack of Sanction — Petitioner Acquitted of Criminal Breach of Trust by Public Servant as Trial Not Commenced Even After 16 Years and Sanction Under Section 197 CrPC Was Not Obtained.

29 Mar 2017

The petitioner, Shri Babruwan Kinalkar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay ...

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 Holds Offence Under Section 185 of Motor Vehicles Act, 1988 is Non-Cognizable but Police May Arrest Without Warrant if Offence Committed in Presence. Driving Under Influence of Alcohol is a Serious Offence but Classification Under Part II of First Schedule CrPC Makes it Non-Cognizable as Punishment is Less Than Three Years.

28 Nov 2013

The applicant, Ms. Rani Shashank Doshi, was driving a motor vehicle on 27 April 2011 when she was stopped by a police officer from N.M. Joshi Marg Pol...

High Court

Bombay High Court Quashes FIR Against Police Officer in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Court Held That Acts Alleged Were in Discharge of Official Duty, Making Sanction Mandatory Before Investigation.

2 Jul 2013

The State of Maharashtra filed a criminal application before the Bombay High Court, Nagpur Bench, challenging an order passed by the Judicial Magistra...

High Court

Bombay High Court Quashes Magistrate's Order in RTI Complaint Case for Lack of Sanction Under Section 197 CrPC. Public servant acting in official capacity cannot be prosecuted without prior sanction under Section 197 of Code of Criminal Procedure, 1973.

2 Aug 2010

The petitioner, Sanjay Shivaji Dhapse, claiming to be the Ahmednagar District Head of All India Human Rights and Citizen Option and a Corporator, file...

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