Search Results for "Section 197"

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Search Results for "Section 197"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against IAS Officer in Arms License Case Due to Inordinate Delay and Lack of Sanction. The court held that unexplained delay of 20 years and absence of valid sanction under Section 197 CrPC vitiate the prosecution.

9 May 2025

The Supreme Court allowed the appeal filed by Robert Lalchungnunga Chongthu @ R L Chongthu, an IAS officer of the Bihar Cadre, against the judgment of...

Supreme Court

Supreme Court Quashes PMLA Case Cognizance Against Public Servants Without Prior Sanction. Section 197 CrPC Applicability Affirmed in Money Laundering Cases Involving Public Servants.

6 Nov 2024

The Supreme Court, in Directorate of Enforcement vs. Bibhu Prasad Acharya and Others (2024 INSC 843), upheld the decision of the High Court to quash t...

High Court

Court Directs Completion of Investigation in Harassment Case Involving Medical Officer. No Sanction Required for Offenses Under Section 509 IPC and Atrocities Act; Final Report to Exclude Section 506 IPC

11 Jun 2024

The petitioner, a Medical Officer Class – I, alleged harassment by her colleagues and superiors, leading to the filing of an FIR under IPC Sections ...

Supreme Court

Supreme Court Reverses High Court Quashing of Criminal Proceedings Against Public Servant in Forgery Case Due to Lack of Sanction Requirement. The Court Held That Sanction Under Section 197 of the Code of Criminal Procedure, 1973 Is Not Necessary When the Alleged Offence of Creating Fake Documents for Illegal Gain Is Not Committed in the Discharge of Official Duty.

17 Jan 2024

The dispute arose from a criminal complaint lodged by the appellant alleging that the respondent, a village accountant, along with others, created fak...

Supreme Court

Supreme Court Dismisses Appeals in SC/ST Act and IPC Case, Upholding Protection for Public Servant Under Section 197 CrPC. The Court held that a clerk involved in land allotment paperwork was entitled to protection under Section 197 of the Code of Criminal Procedure, 1973, as his actions had a reasonable connection to official duties, similar to other officials in the same transaction who had been granted protection.

23 Jul 2021

The dispute originated from FIR No.80 dated 23.02.2011 registered under Sections 420/467/468/471/120B of the Indian Penal Code, 1860 (IPC) and Section...

High Court

Bombay High Court Dismisses Petition Challenging Discharge of Police Officer in Defamation Case for Lack of Sanction Under Section 197 CrPC. Alleged False Implication in Death Investigation Requires Sanction as Acts Were in Discharge of Official Duty.

11 Jun 2018

The case arises from a criminal writ petition filed by Pratapsinha Belode challenging the order of the Judicial Magistrate First Class, Warud, dischar...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony of Interested Witness. Conviction under Sections 147, 148, 302 read with 149 IPC set aside as sole eyewitness was a close relative and evidence lacked corroboration.

23 Mar 2018

The case involves three criminal appeals filed by the appellants who were convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No.496/...

High Court

Bombay High Court Quashes FIR Against Municipal Employees in Cheating Case Due to Lack of Criminal Intent and Civil Nature of Dispute. Allegations of Misappropriation of Funds for Construction of Public Toilets Do Not Attract Offences Under Sections 406, 409, 420, 468, 471, 477 r/w 34 IPC as Dispute is Essentially Civil in Nature.

17 Apr 2017

The applicants, employees of the Municipal Council Partur, filed an application under Section 482 CrPC read with Articles 226 and 227 of the Constitut...

High Court

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.

14 Dec 2015

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

High Court

High Court of Bombay at Goa Quashes Process for Cheating and Using False Certificate in Age Fraud Case — Complaint Barred by Limitation Under Section 468 CrPC. The court held that the complaint under Sections 198 and 420 IPC was not maintainable as it was filed beyond the limitation period of 3 years under Section 468 CrPC, and the ingredients of the offences were not made out.

17 Feb 2014

The petitioner, Vilas Kashinath Parab, filed a criminal writ petition challenging the order of the Additional Sessions Judge, Mapusa, which maintained...

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