Search Results for "Section 197 CrPC sanction"

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Quashing of FIR – Protection under Official Duty – Absence of Mens Rea

Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...

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Bombay High Court Allows Revision, Discharges Former Collector in Corruption Case for Lack of Sanction Under Section 197 CrPC. Allegations of inflated literacy drive figures fail as court finds acts were in discharge of official duty requiring prior sanction.

The applicant, Prakash Murlidhar Bhishikar, a retired IAS officer, served as Collector of Buldhana between 1993 and 1996. He was assigned the work of ...

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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

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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.

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

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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.

The applicant, Manoj Prabhakar Lohar, an Additional Deputy Commissioner of Police in the State Intelligence Department, Mumbai, filed an application u...

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Bombay High Court Quashes Criminal Proceedings Against Journalists in Defamation Cases for Lack of Sanction Under Section 197 CrPC. Proceedings under Sections 499, 500 IPC and Section 292 IPC Quashed as Sanction Required for Public Servants Acting in Discharge of Official Duty.

The judgment involves three criminal writ petitions filed by seven petitioners, who are employees of a newspaper, seeking quashing of criminal proceed...