Search Results for "section 197 CrPC"

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Search Results for "section 197 CrPC"

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Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Proceedings. The Court upheld the validity of the NIA's takeover of investigation and the sanction order under Section 45(2) UAPA, finding that the timeline for independent review is directory and the cognizance order was based on prima facie material.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

Supreme Court

Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

20 Sep 2024

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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 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

High Court of Karnataka Quashes Criminal Proceedings Against Former Officers of Mysore Paper Mills in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988 Renders Proceedings Invalid. The court held that the order taking cognizance without prior sanction is invalid and the proceedings are liable to be quashed.

25 Nov 2021

The petitioners, former officers of Mysore Paper Mills (a State Government undertaking), challenged the order dated 06-05-2013 passed by the Principal...

High Court

Bombay High Court Grants Default Bail to Activist in UAPA Case for Failure to File Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) CrPC is indefeasible and the period of house arrest cannot be excluded from the computation of the 90-day period.

8 Feb 2021

The appellant, Gautam P. Navlakha, a 69-year-old scholar, writer, and civil rights activist, was arrested on 28/10/2018 in connection with FIR No. 4 o...

High Court

High Court of Judicature at Bombay Dismisses Criminal Appeals, Upholds Conviction of Six Accused for Murder under Sections 302, 120B, 149 IPC. Electronic Evidence from CCTV Footage, Despite Defective Section 65B Certificate, Considered Alongside Other Evidence to Confirm Guilt.

5 Jun 2018

This judgment decides six criminal appeals against the conviction and life imprisonment of the accused for the murder of Jitendra Marotrao Gawande at ...

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 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

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...

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