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Supreme Court Dismisses Appeal Against Conviction of Dismissed Public Servant for Criminal Misconduct Under Prevention of Corruption Act, 1947. No Sanction Under Section 6 Required as Accused Was No Longer a Public Servant at Time of Cognizance.

The Supreme Court of India considered the requirement of sanction under Section 6 of the Prevention of Corruption Act, 1947 in a case where the accuse...

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Bombay High Court Quashes Criminal Proceedings Against Police Officer in Private Complaint for Assault — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Proceedings under Sections 326, 504, 506(II) and 34 IPC quashed as mandatory sanction for public servant not obtained.

The applicant, Manoj Prabhakar Lohar, an Additional Deputy Commissioner of Police in the State Intelligence Department, Mumbai, filed an application u...

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Supreme Court Allows Appeal in Disciplinary Proceeding for Violation of Natural Justice — No Witness Examined Despite Denial of Charges. Recording of Oral Evidence Mandatory Under Rule 7(vii) of Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 When Major Penalty Is Imposed.

The appellant, Satyendra Singh, was serving as Assistant Commissioner, Commercial Tax, Ghaziabad, when disciplinary proceedings were initiated against...

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Bombay High Court Quashes Investigation Order Against Police Officer in Corruption Case for Lack of Sanction. The court held that a public servant cannot be investigated under the Prevention of Corruption Act without prior sanction under Section 197 CrPC and Section 19 PC Act.

The case involves a criminal revision application filed by Vikas Wagh, a police officer, challenging an order dated 24 January 2014 passed by the lear...

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High Court of Karnataka Quashes Private Complaint Against Former Chief Minister for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for prosecution of public servants is mandatory and absence of valid sanction renders complaint not maintainable.

The petitioner, a former Chief Minister of Karnataka, sought quashing of a private complaint filed by the respondent before the XXIII Additional City ...