Search Results for "sanction under section 197 CrPC"

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Bombay High Court Quashes FIR Against Police Officers in Custodial Death Case Due to Lack of Sanction Under Section 197 CrPC. Prosecution for alleged murder and torture during custody fails as prior sanction for prosecution of public servants was not obtained, rendering the proceedings invalid.

The judgment pertains to two criminal writ petitions filed by police officers seeking quashing of an FIR registered by the Central Bureau of Investiga...

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High Court of Karnataka Allows Writ Petition Challenging Tribunal Order Quashing Lokayukta Investigation. Court holds that Karnataka Lokayukta Act, 1984 does not require prior sanction under Section 197 CrPC for investigation of public servants.

The petitioner, Dadapeer Bhanuvalli, an Assistant Public Prosecutor, filed a writ petition challenging the order dated 27.09.2021 passed by the Karnat...

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Bombay High Court at Goa Quashes Criminal Complaints Against Company Officials for Lack of Sanction Under Section 197 CrPC. Directors and Managers of Government Company Are Public Servants Entitled to Protection Under Section 197 CrPC for Acts Done in Official Capacity.

The Goa State Pollution Control Board filed two criminal writ petitions challenging the order of the Judicial Magistrate First Class, Vasco-da-Gama, w...

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High Court of Karnataka Quashes Process Against Accused in Kidnapping Case Due to Lack of Prima Facie Evidence and Inordinate Delay. Complaint Filed After Six Years Without Explanation Fails to Make Out Offences Under Sections 341, 342, 364A, 120(B) r/w 34 IPC.

The High Court of Karnataka at Kalaburagi considered a criminal petition under Section 482 CrPC filed by four petitioners seeking to quash the order o...

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High Court of Karnataka Quashes FIR Against Public Servants in BMTF Case for Lack of Sanction Under Section 197 CrPC — Acts Alleged Were in Discharge of Official Duty, Sanction Mandatory

The petitioners, Sri Jagadish Shivappa Shettar and Sri S. Sundaresh, were accused Nos. 1 and 2 in FIR No. 63/2014 registered by the Bengaluru Metropol...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Inordinate Delay and Lack of Sanction. Petitioner discharged as trial was pending for over 12 years without commencement, violating right to speedy trial under Article 21 of Constitution.

The petitioner, Babruwan Kinalkar, a former conductor of Kadamba Transport Corporation Limited, filed a Criminal Writ Petition before the Bombay High ...

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Bombay High Court Grants Default Bail to Accused in MCOC Case for Failure to File Charge Sheet Within 90 Days. Right to Default Bail Under Section 167(2) CrPC is Indefeasible and Cannot Be Defeated by Subsequent Filing of Charge Sheet.

The petitioners were arrested in connection with Crime No.172/2015 registered at Police Station Ajni, Nagpur for offences under Sections 307, 143, 144...

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Bombay High Court Dismisses State Appeal and Allows Revision in Criminal Defamation Case — Acquittal of Jailor Upheld for Lack of Sanction Under Section 197 CrPC. Complainant's Revision Allowed to Challenge Acquittal on Merits, but Court Finds No Ground to Interfere.

The case involves a Criminal Appeal filed by the State of Maharashtra against the acquittal of Rajendra Namdeo Shinde (the respondent/original accused...