Search Results for "Official Duty"

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Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...

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High Court Quashes Prosecution Against Retired CEO in Corruption Case Due to Lack of Sanction Under Prevention of Corruption Act

The High Court allowed a criminal revision application by Applicant, a retired public servant, quashing his prosecution under the Prevention of Corrup...

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High Court Quashes Criminal Case Against Police Officers for Lack of Sanction Under Section 197 CrPC and Insufficient Medical Evidence in Alleged Police Atrocities Case Under IPC Sections 323 and 326

The High Court allowed the criminal application filed by two police officers seeking to quash criminal proceedings and an order issuing process agains...

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Supreme Court Interprets Section 175(4) BNSS in Sexual Assault Case Against Police Officers -- Clarifies Public Servant Immunity and Investigation Procedures Under Bharatiya Nagarik Suraksha Sanhita

The Supreme Court addressed a criminal appeal involving interpretation of Section 175(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) -- The app...

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Supreme Court Quashes Criminal Proceedings Against Public Servant Due to Lack of Sanction Under Section 197 CrPC – Suneeti Toteja v. State of U.P. & Anr.

Sanction for Prosecution Mandatory for Public Servants Acting in Official Capacity – Deemed Sanction Not Recognized Under Section 197 CrPC The Supr...

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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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"Supreme Court Examines the Necessity of Sanction under Section 197 CrPC in Alleged Conspiracy Cases" "Balancing Official Duty and Accountability: Public Servants and Legal Immunity in Criminal Prosecutions"

The Supreme Court ruled on the necessity of prior sanction under Section 197 of the CrPC for prosecuting public servants accused of conspiring to crea...

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Supreme Court Quashes PMLA Case Cognizance Against Public Servants Without Prior Sanction. Section 197 CrPC Applicability Affirmed in Money Laundering Cases Involving Public Servants.

The Supreme Court, in Directorate of Enforcement vs. Bibhu Prasad Acharya and Others (2024 INSC 843), upheld the decision of the High Court to quash t...

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Validity of Prosecution Sanctions: Pre-Trial Determination or Trial Issue? A comprehensive analysis of conflicting Apex Court judgments on the timing and significance of challenging prosecution sanctions under the Prevention of Corruption Act, 1988.

The legal debate on whether the validity of a prosecution sanction must be determined before trial or can be contested during the trial. It examines k...

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Court Directs Completion of Investigation in Harassment Case Involving Medical Officer. No Sanction Required for Offenses Under Section 509 IPC and Atrocities Act; Final Report to Exclude Section 506 IPC

The petitioner, a Medical Officer Class – I, alleged harassment by her colleagues and superiors, leading to the filing of an FIR under IPC Sections ...