Search Results for "Sanction for prosecution"

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Search Results for "Sanction for prosecution"

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High Court

Bombay High Court Dismisses Petition Challenging Process Under Section 173 IPC for Obstructing Bailiff. Refusal to Accept Summons and Obstruction of Affixation Not Part of Official Duties, No Sanction Required Under Section 197 CrPC.

13 Nov 2025

The petitioner, Bhikkanrao T. Baviskar, was the Chief Officer of Municipal Council, Nandurbar. A bailiff from the Court of Civil Judge Senior Division...

High Court

High Court of Karnataka Quashes Sanction for Prosecution of Agriculture Officer in MGNREGA Case — Government Order Entrusting Inquiry to Lokayukta Set Aside for Non-Compliance with Section 17A of Prevention of Corruption Act, 1988. The court held that prior approval under Section 17A is mandatory before any inquiry into offences against a public servant, and the entrustment order without such approval is invalid.

20 Dec 2023

The petitioner, Sri Mallayya Koravanavar, an Assistant Director of Agriculture in the Karnataka State Government, filed a writ petition challenging a ...

High Court

High Court of Karnataka Quashes FIR Against Government Officer in Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Private Complaint Filed Without Prior Sanction for Prosecution of Public Servant is Not Maintainable.

4 Jul 2023

The petitioner, Dr. Ashok V., a District Officer in the Backward Classes Welfare Department, challenged an order dated 07.12.2021 passed by the Princi...

High Court

High Court of Karnataka Quashes Cognizance Order Against Accused No.3 in Corruption Case Due to Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that sanction for prosecution is a mandatory condition precedent for taking cognizance against a public servant, and its absence renders the proceedings void ab initio.

26 Jun 2023

The petitioner, Shri M.R. Seetharam, was arrayed as accused No.3 in Spl.C.C. No.656/2021 pending before the XXIII Additional City Civil and Sessions J...

High Court

High Court of Karnataka Quashes Criminal Proceedings for Election Offences Under Sections 171E and 171H IPC Due to Lack of Sanction Under Section 196 CrPC. The court held that prior sanction is mandatory for prosecution under Chapter IXA IPC, and without it, the proceedings are liable to be quashed.

27 Mar 2023

The petitioners, accused of offences under Sections 171E (bribery) and 171H (illegal payments in connection with an election) of the Indian Penal Code...

High Court

High Court Quashes Proceedings Against BJP Candidate for Alleged Election Violations — Lack of Sanction Under Section 195 Cr.P.C. and No Violation of Model Code of Conduct. The court held that proceedings under Section 188 IPC and Section 126 of the Representation of People Act, 1950 cannot be sustained without prior sanction and specific allegations.

17 Feb 2023

The petitioner, A Manju, was the BJP Lok Sabha candidate for the Hassan constituency. On 17.04.2019, the complainant, Balakrishna G.M., a flying squad...

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 Initiates Suo Motu Contempt Proceedings Against Minister and Officials for Withdrawing Prosecution in Police Station Attack Case Without Sanction. Court holds that withdrawal of prosecution under Section 321 Cr.P.C. without prior consent of the court and without proper application of mind amounts to abuse of process and contempt of court.

20 Oct 2006

The Bombay High Court initiated suo motu contempt proceedings against the Minister of Agriculture, Maharashtra State, and other officials for withdraw...

High Court

Bombay High Court Allows ESIC Appeal Against Acquittal in ESI Act Prosecution for Non-Production of Records. Limitation Period Under Section 86(3) of ESI Act Runs from Date of Sanction, Not from Date of Offence.

16 Oct 2006

The Employees State Insurance Corporation (ESIC) filed an appeal against the acquittal of the respondents, Sukhdeo and Pradeep Tardeja, who were charg...

High Court

Bombay High Court Quashes Criminal Case Against Accountant in Corruption Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a Senior Division Accounts Officer, was accused of criminal breach of trust and conspiracy for failing to object to irregular purchases, but the court held that sanction for prosecution was mandatory as the alleged acts were in discharge of official duty.

11 Aug 2006

The petitioner, Prakash Vasudeo Tare, was a Senior Division Accounts Officer in the employment of the Accountant General (A. & E.) II Maharashtra, Nag...

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