Search Results for "section 197 CrPC"

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Search Results for "section 197 CrPC"

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High Court

Bombay High Court Dismisses Revision Applications Challenging Cognizance Order in PMLA Case — Prior Sanction Under Section 197 CrPC Not Required as Applicants Were Not Public Servants at Relevant Time. The court held that the protection under Section 197 CrPC is available only to public servants removable from service by State or Central Government, and the issue of sanction can be considered at later stages of trial.

4 May 2026

The Bombay High Court at Goa disposed of two Criminal Revision Applications filed by Digambar Vasant Kamat and Churchil Alemao, who were co-accused in...

Supreme Court

Supreme Court Dismisses Appeal of Police Officers in Murder Case Due to Lack of Sanction Requirement Under Section 197 CrPC. Subordinate Police Officers Were Not Entitled to Sanction Protection as They Were Not Removable Only with Government Sanction Under Section 197(1), and a 2010 Notification Extending Section 197(2) Protection Did Not Apply Retrospectively to Cognizance Taken in 2001.

1 Apr 2026

The appeal arose from a criminal case where the appellants, police officers, were accused of murdering the complainant's husband during election duty....

High Court

High Court Quashes Criminal Case Against Police Officers for Lack of Sanction Under Section 197 CrPC and Insufficient Medical Evidence in Alleged Police Atrocities Case Under IPC Sections 323 and 326

28 Jan 2026

The High Court allowed the criminal application filed by two police officers seeking to quash criminal proceedings and an order issuing process agains...

Supreme Court

Supreme Court Sets Aside Discharge for IPC Offences Due to Lack of Sanction Under Section 197 CrPC, Upholds Corruption Charges Under Prevention of Corruption Act. Deputation of Public Servant to Municipal Corporation Renders Section 197 CrPC Inapplicable as He Ceases to Be Removable by Government, and Amended Section 19 of PC Act Does Not Apply Retrospectively to Retired Official.

22 Apr 2025

The Supreme Court heard two appeals by special leave against a common judgment and order dated 29 January 2024 of the High Court of Punjab and Haryana...

Supreme Court

Supreme Court Allows Appeal of BIS Employee in Sexual Harassment Case Due to Lack of Sanction for Prosecution. Sanction for prosecution under Section 197 CrPC is mandatory for public servants acting in official capacity; refusal of sanction by competent authority renders criminal proceedings invalid.

1 Dec 2023

The present criminal appeal arises from an order of the High Court of Judicature at Allahabad, Lucknow Bench, which dismissed the appellant's petition...

Supreme Court

Supreme Court Refers Default Bail Computation Issue to Larger Bench Due to Conflicting Precedents. The Court Examines Whether Date of Remand is Included or Excluded in Calculating 60/90-Day Period Under Section 167(2) of Code of Criminal Procedure, 1973 for Entitlement to Default Bail.

27 Mar 2023

The Supreme Court addressed a reference concerning the computation of the remand period for default bail under Section 167(2) of the Code of Criminal ...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Allows Appeal in Land Dispute Case — Holds Magistrate Can Order Further Investigation Post-Cognizance Under Section 173(8) CrPC. The Court clarified that the power to order further investigation is not extinguished by filing of charge-sheet or taking of cognizance, and can be exercised before commencement of trial.

16 Oct 2019

The case arises from an FIR lodged on 22.12.2009 by Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai B...

Supreme Court

Supreme Court Dismisses Appeal of BSNL Officers Seeking Sanction Under Section 197 CrPC for Prosecution Under Maharashtra Private Security Guards Act. Protection under Section 197 CrPC not available to employees of public sector corporations even if they are 'public servants' under Section 21 IPC.

19 Aug 2019

The Supreme Court dismissed an appeal by Bharat Sanchar Nigam Limited (BSNL) and its officers against the rejection of their challenge to prosecution ...

High Court

Bombay High Court Considers Challenge to Sanction Order Under Section 197 CrPC – Petitioner Alleges Improper Review of Earlier Refusal. Alleged Lack of Fresh Material and Improper Reconsideration of Evidence Previously Rejected.

22 Dec 2017

The petitioner, a public servant, filed a writ petition under Article 226 of the Constitution of India challenging the order dated 4th February 2016 p...

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