Search Results for "statutory sanction"

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Search Results for "statutory sanction"

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High Court

Bombay High Court Allows Revision, Discharges Junior Clerk in PC Act Case for Lack of Valid Sanction from Competent Authority. Sanction under Section 19(1)(c) of Prevention of Corruption Act, 1988 must be granted by the authority competent to remove the public servant; Administrative Committee of the Mandal not being the appointing authority, the sanction was invalid.

29 Jan 2024

The applicant, Madhuri Bharat Upadhey, was a junior clerk at Lalbahdhur Shastri Primary School, Solapur, which is run by Sanmati Dnyan Prasarak Mandal...

High Court

High Court of Karnataka Quashes Sanction Order in Corruption Case Due to Non-Application of Mind by Competent Authority. Sanction under Section 19 of Prevention of Corruption Act, 1988 must be granted after proper consideration of all material evidence, not merely based on police report.

7 Apr 2015

The petitioner, a public servant working as Deputy Electrical Inspector, was trapped by Lokayukta Police on 18.12.2010 while allegedly accepting a bri...

High Court

Karnataka High Court Considers Validity of Sanction for Prosecution in Discharge Petitions Filed by Accused Including a Cabinet Minister Under the Income Tax Act. Principal Question Examined: Whether the Principal Director of Income Tax is Competent to Grant Sanction Under Section 279 of the Income Tax Act, 1961.

12 Nov 2019

The matter pertained to three criminal revision petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, by ac...

High Court

Bombay High Court Allows Revision Application and Discharges Accused in Corruption Case Due to Lack of Sanction for Prosecution. The court held that sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant, and its absence vitiates the proceedings.

20 Oct 2023

The case involves a criminal revision application filed by Sunil Achyutrao Thete, who was charged with offences under Sections 7, 12, 15, 13(1)(d) rea...

Supreme Court

Supreme Court Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

3 Apr 2025

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...

High Court

Bombay High Court Quashes Process Issued Against Police Officers in Custodial Torture Case Due to Absence of Sanction Under Section 197 CrPC. Acts of Procuring Confession by Assault During Investigation Held to Be Done in Purported Discharge of Official Duty, Requiring Prior Sanction Under Section 197 of Cr.P.C., 1973.

9 Jul 2026

Background: The case involves criminal writ petitions filed by three police officers (a Police Inspector and two Police Constables) challenging the or...

High Court

Bombay High Court Quashes FIRs Against Retired Government Officer in Irrigation Scam Due to Lack of Sanction for Prosecution. Sanction under Section 19 of Prevention of Corruption Act, 1988 is mandatory and refusal by competent authority bars prosecution.

17 Feb 2021

The petitioner, Chandan Tulsiram Jibhakate, a retired Senior Divisional Account Officer, was implicated in five FIRs (Crime Nos. 540/2017, 542/2017, 6...

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...

High Court

High Court of Karnataka Dismisses Petition Quashing Discharge Rejection in CBI Murder Conspiracy Case. No Sanction Required Under Section 197 CrPC as Alleged Acts Were Not in Performance of Official Duty.

6 Oct 2023

The petitioner, a government servant and accused No. 21, was charged in a murder case involving a property dispute that later expanded to include cons...

High Court

High Court of Karnataka Quashes Prosecution Sanction Against Former Lokayuktha in Corruption Case — Sanction Order Held Invalid for Non-Application of Mind and Lack of Independent Consideration by Governor. The court held that the Governor's sanction under Section 19 of Prevention of Corruption Act, 1988 must reflect independent application of mind, and a mechanical endorsement of the investigating agency's proposal renders the sanction invalid, vitiating the entire prosecution.

22 Nov 2016

The petitioner, Dr. Y. Bhaskar Rao, a former Karnataka State Lokayuktha, was arraigned as accused no.7 in Spl.CC 429/2015 for offences under the Preve...

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