Search Results for "sanction under section 197 CrPC"

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Search Results for "sanction under section 197 CrPC"

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Supreme Court

Supreme Court Allows State Appeal in Corruption Case: Sanction Under Section 19 PC Act Not Required for Summoning Under Section 319 CrPC. The court held that summoning a public servant under Section 319 CrPC does not amount to taking cognizance, and thus no prior sanction under Section 19 of the Prevention of Corruption Act, 1988 is necessary.

8 Jul 2024

The State of Punjab appealed against the judgment of the Punjab and Haryana High Court which set aside the trial court's order summoning Dr. Pratap Si...

High Court

Bombay High Court Acquits Accused in Criminal Revision for Misappropriation of Compensation Funds — Sanction Under Section 197 CrPC Required for Public Servant. Conviction under Section 409 IPC set aside as prosecution failed to obtain mandatory sanction for acts done in discharge of official duty.

26 Apr 2023

The case involves a criminal revision application filed by Asaram @ Ashok Pandharinath Kale, a former Tenancy Awal Karkoon in the Tahsil Office, Newas...

High Court

Bombay High Court Quashes Investigation Order Against Chief Secretary in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act. Court held that no court can take cognizance of an offence under the Act without prior sanction for prosecution of a public servant, and the order under Section 156(3) CrPC directing investigation was invalid as it effectively bypassed the mandatory sanction requirement.

22 Apr 2019

The applicant, UPS Madan, who was the Additional Chief Secretary (Finance) and later Chief Secretary of Maharashtra, filed an application under Sectio...

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

High Court of Karnataka Quashes Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC — Cognizance and Process Issued Without Sanction Held Illegal. The court held that sanction under Section 197 CrPC is a condition precedent for taking cognizance of offences against a public servant in respect of acts done in discharge of official duties, and proceedings taken without such sanction are liable to be quashed.

15 Jun 2015

The petitioner, Krishne Gowda K.R., a retired Forest Range Officer, was accused No.6 in a charge sheet filed by the State of Karnataka before the Civi...

High Court

High Court of Karnataka Quashes Criminal Proceedings Against Sub-Registrars in Cheating Cases — Lack of Sanction Under Section 197 CrPC and Absence of Criminal Intent. Proceedings under Sections 420, 468, 471 IPC and Section 82 of the Registration Act, 1908 quashed as the acts were performed in official capacity without dishonest intention.

21 May 2015

The case involves multiple criminal petitions filed by Sub-Registrars (H.S. Cheluvaraju and S.N. Prabha) seeking quashing of charge sheets and proceed...

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

High Court of Karnataka Quashes Private Complaint Against Former Chief Minister for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for prosecution of public servants is mandatory and absence of valid sanction renders complaint not maintainable.

21 May 2013

The petitioner, a former Chief Minister of Karnataka, sought quashing of a private complaint filed by the respondent before the XXIII Additional City ...

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