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...

High Court

High Court of Karnataka Quashes Process in Defamation Case for Lack of Sanction Under Section 197 CrPC — Public Servant Protection Upheld. Order directing registration of crime and issuance of process against CEO of Zilla Panchayat for offences under Sections 499, 500, 504 IPC set aside as complaint failed to obtain mandatory sanction under Section 197 CrPC.

2 Dec 2024

The petitioner, Charulata Somal, was the Chief Executive Officer of Zilla Panchayat, Kodagu District. The respondent, Shiriyara Muddanna Shetty, an ad...

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 Quashes Magistrate's Order Keeping Complaint in Abeyance Pending Sanction Under Section 197 CrPC — Sanction Not Required for Acts Not in Discharge of Official Duty. The court held that the Magistrate must first determine whether the alleged act was in discharge of official duty before seeking sanction under Section 197 CrPC.

29 Nov 2018

The applicant, Dr. Virendra Jumde, filed a criminal complaint against ten non-applicants, including Dr. Vilas Sapkal and others, alleging offences. Th...

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

High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Evidence on Income and Permanent Disability. Claimant Failed to Prove Income or Permanent Disability, Resulting in Reduction of Award from Rs.5,50,000 to Rs.1,00,000.

9 Aug 2017

The appeal arises from a judgment and award dated 20.10.2003 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.130/1992. The c...

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

Bombay High Court Quashes FIR Against Police Officers for Lack of Sanction Under Section 197 CrPC and Section 170 BNSS. The court held that the police officers were acting in discharge of official duty and no sanction was obtained, hence the FIR is quashed.

30 Mar 2015

The petitioners, three police officers attached to Kharghar Police Station, filed a writ petition under Article 226 of the Constitution and Section 48...

High Court

Bombay High Court Quashes Criminal Proceedings Against Forest Officers in Scheduled Tribes Tree Sale Case — Lack of Sanction Under Section 197 CrPC and No Prima Facie Case for Atrocities Act. Forest Officers Acting Under Maharashtra Sale of Trees by Occupants Belonging to Scheduled Tribes (Regulation) Act, 1969 Were Performing Official Duties; Prosecution Without Sanction Not Maintainable.

11 Jul 2013

The applicants, six forest officers including the Deputy Conservator of Forest, Assistant Conservator, Forester, Forest Guard, and Range Forest Office...

High Court

Bombay High Court Dismisses Criminal Writ Petition Challenging Sanction for Prosecution Under Prevention of Corruption Act — Sanctioning Authority's Discretion Upheld. Sanction order under Section 19 of Prevention of Corruption Act, 1988 is administrative; court cannot interfere unless perverse or based on no material.

1 Mar 2011

The petitioner, Uttam Dattatraya Kahane, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, A...

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