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 Former Chief Minister in Corruption Case Due to Non-Compliance with Statutory Pre-Condition. Investigation under Prevention of Corruption Act, 1988 was invalid as prior approval under Section 17A was not obtained, rendering the FIR and remand order liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

16 Jan 2024

The dispute involved a former Chief Minister of Andhra Pradesh challenging criminal proceedings initiated against him by the State CID for alleged off...

Supreme Court

Supreme Court Reverses High Court's Quashing of FIR and Summons in SC/ST Act Case Due to Erroneous Interpretation of Magistrate's Jurisdiction and Sanction Requirements. Magistrate Retains Power to Take Cognizance Under Amended Section 14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Sanction Under Section 197 of Code of Criminal Procedure, 1973 Not Required for Acts Not in Discharge of Official Duties.

26 Oct 2021

The dispute arose from an FIR registered by the appellant, a complainant, against police officers for offences under the Indian Penal Code and the Sch...

Supreme Court

Supreme Court Restores Charges Against Retired Bank Official in CBI Corruption Case — Prima Facie Evidence of Criminal Conspiracy and Abuse of Official Position. The Court held that the High Court erred in discharging the accused at the pre-charge stage despite material indicating dishonest intention and violation of banking norms under the IPC and Prevention of Corruption Act.

5 Dec 2019

The Supreme Court allowed the appeal filed by the Station House Officer, CBI/ACB/Bangalore, against the judgment of the High Court of Karnataka which ...

High Court

Bombay High Court Dismisses Revision Against Partial Rejection of Discharge in Corruption Case — Sanction Required for Substantive Offences Under Sections 7, 13(1)(d) read with 13(2) of PC Act but Not for Abetment Under Section 12. The court held that Section 19 of the Prevention of Corruption Act, 1988 does not require sanction for taking cognizance of the offence under Section 12 (abetment), and the trial court correctly rejected the discharge application for that offence.

9 Oct 2017

The revision petition was filed by Pravinkumar Pitambar Deore, original accused no.1, challenging the order dated 17 May 2017 passed by the learned Sp...

High Court

Bombay High Court Quashes Corruption Proceedings Against Retired Engineer in Gosikhurd Project Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Prosecution Invalid. Sanction under Section 19 of Prevention of Corruption Act, 1988 is mandatory for prosecution of public servant; proceedings quashed under Section 482 CrPC for want of valid sanction.

10 Mar 2017

The applicant, Sanjay Laxman Kholapurkar, a retired Superintending Engineer of the Irrigation Department, Government of Maharashtra, filed an applicat...

High Court

Bombay High Court Quashes Process Against Police Constable in Custodial Violence Case — Lack of Sanction Under Section 197 CrPC. Allegations of beating by police officer during arrest require prior sanction for prosecution as the act was in discharge of official duty.

27 Sep 2016

The applicant, Santosh Uttamrao Gomsale, a police constable posted at Kopargaon police station, filed a criminal application challenging the order of ...

High Court

High Court of Bombay at Goa Allows State Appeal in Sexual Assault Case — Sanction Under Section 197 CrPC Not Required for Acts Unconnected with Official Duty. The court held that sexual harassment by a public servant is not an act in discharge of official duty, and thus no prior sanction is needed under Section 197 CrPC.

25 Feb 2014

The State of Goa, through the Public Prosecutor (Women's Police Station, Panaji), filed an appeal against the judgment and order dated 29/06/2010 pass...

High Court

Bombay High Court Dismisses Discharge Application of Police Constables in Murder Case — Section 161 Bombay Police Act Limitation Not Applicable to Offences of Murder and Custodial Violence. The court held that the protection under Section 161 of the Bombay Police Act is not available for serious offences like murder and custodial violence, and the application for discharge under Section 227 CrPC was premature.

10 Jun 2013

The applicant, Manabai w/o Kashirao Tondle, filed a criminal application under Section 227 of the Code of Criminal Procedure, 1973, seeking discharge ...

High Court

Bombay High Court at Goa Quashes Corruption Case Against Customs Officers for Lack of Valid Sanction. Prosecution under Prevention of Corruption Act, 1988 and Indian Penal Code, 1860 fails as prior sanction under Section 197 CrPC and Section 19 of PC Act was mandatory for acts done in discharge of official duty.

29 Aug 2012

The petitioners, nine customs officers, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 226 of the Constitution...

High Court

Bombay High Court Allows Criminal Writ Petitions Challenging Revisional Court's Order Setting Aside Magistrate's Rejection of Accused's Applications for Recall of Process in Private Complaints for Offences Under Sections 500, 501, 502, 504, 506, 509 IPC Read with Section 34 IPC. The High Court held that the Magistrate has inherent power to recall process to prevent abuse of process of court, and the revisional court erred in interfering without considering merits.

14 Sep 2006

The petitioner, Manohar Onkarappa Mudnaik, filed two criminal writ petitions under Articles 226 and 227 of the Constitution of India challenging the o...

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