Search Results for "section 197 CrPC"

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Search Results for "section 197 CrPC"

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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 Initiates Contempt Proceedings for Wilful Disobedience of Anticipatory Bail Order — Police Custody Remand Granted Despite Interim Protection. The Investigating Officer and Magistrate acted in gross derision of the Supreme Court's order granting interim anticipatory bail by arresting the petitioner and granting police custody remand without any indication of non-cooperation.

7 Aug 2024

The petitioner, Tusharbhai Rajnikantbhai Shah, was an accused in FIR No. 11210068230266 dated 21 July 2023 for offences under Sections 420 and 120B of...

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 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 Acquits Appellant in Wife Murder Case Due to Insufficient Circumstantial Evidence. Conviction under Section 302 IPC set aside as circumstances did not form complete chain pointing to guilt.

20 Nov 2019

The appellant, Ganpat Shetye, was convicted by the Additional Sessions Judge, Mapusa, for the murder of his wife Sneha under Section 302 IPC and sente...

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 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

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

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...

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