Search Results for "Section 197 CrPC sanction"

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Search Results for "Section 197 CrPC sanction"

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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

High Court of Bombay at Goa Quashes Sessions Court Order and Remands Application Under Section 197 CrPC for Fresh Decision with Liberty to File Additional Material. Accused Municipal Employees Allowed to Supply Missing Particulars Before Determination of Sanction Requirement Under Section 197 of Code of Criminal Procedure, 1973.

23 Jun 2005

The litigation arose from a complaint filed by the respondent Umakant B. Kavlekar against the applicants and others alleging offences punishable under...

High Court

Bombay High Court Quashes FIR Against Municipal Officials in SC/ST Act Case for Lack of Sanction Under Section 197 CrPC. Prosecution for Offences Under SC & ST (Prevention of Atrocities) Act, 1989 and IPC Held Invalid Without Prior Sanction as Required for Public Servants Acting in Discharge of Official Duty.

9 Oct 2013

The applicants, Dr. Kewalkumar Vyankatrao Nemmaniwar (President of Municipal Council, Kinwat) and Keshav s/o Mohan Kokare (Chief Executive Officer), f...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Public Servants in Corruption Cases for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act — Proceedings Initiated Without Valid Sanction Are Void Ab Initio.

8 Sep 2016

The judgment involves multiple criminal petitions and writ petitions filed by public servants of the Hassan Urban Development Authority seeking quashi...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Police Officers and Media Chairman in SC/ST Atrocity Case for Lack of Sanction Under Section 197 CrPC and Section 3(1)(8) of SC/ST Act. Proceedings initiated by complainant Devadas Sherkhane against petitioners for alleged offences under IPC and SC/ST Act quashed as prior sanction was required but not obtained.

12 Jan 2017

The case involves two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in PC ...

High Court

High Court of Bombay at Goa Allows Revision, Quashes Charge in SC/ST Act Case Due to Lack of Sanction Under Section 197 CrPC. Police Inspector Accused of Caste-Based Insult Cannot Be Prosecuted Without Prior Sanction as Acts Were in Discharge of Official Duty.

16 Nov 2006

The case involves a criminal revision application filed by the accused, a Police Inspector, against an order of the Special Judge, Panaji, dated 21.6....

High Court

Bombay High Court Allows CBI Revision and Dismisses Accused's Writ Petitions in PMLA Case — Sanction for Prosecution Not Required Under Section 197 CrPC for PMLA Offences. The court held that the Prevention of Money Laundering Act, 2002 is a complete code and offences under it are not scheduled offences under the Criminal Procedure Code, 1973, thus no sanction under Section 197 CrPC is necessary for prosecution of public servants.

9 Jan 2024

The judgment arises from a Criminal Revision Application filed by the Central Bureau of Investigation (CBI) challenging an order of the Special Judge ...

High Court

Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Applicant, a Deputy Registrar, was prosecuted for alleged offences under Sections 406, 420, 467, 468, 471 IPC without prior sanction as required by Section 197 CrPC.

28 Feb 2013

The applicant, Yogiraj Vasantrao Surve, was working as District Deputy Registrar, Cooperative Societies, Akola, and previously as Deputy Registrar, Co...

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...

High Court

Bombay High Court Allows Discharge of Public Servant in Corruption Case for Lack of Sanction Under Section 197 CrPC and Section 19 Prevention of Corruption Act. Court holds that prior sanction is mandatory for prosecution of public servant for acts done in discharge of official duty, and failure to obtain it vitiates proceedings.

6 May 2014

The petitioner, Sunil s/o Chatrapal @ Babasaheb Kedar, filed a Criminal Writ Petition before the Bombay High Court, Bench at Aurangabad, challenging t...

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