Search Results for "Sanction for prosecution"

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Supreme Court

Supreme Court Examines Interplay Between Section 17A and Section 19 of Prevention of Corruption Act and Section 156(3) CrPC in Context of Prior Approval for Investigation Against Public Servants. The court framed questions of law regarding the necessity of prior approval under Section 17A PC Act even after a Magistrate's order under Section 156(3) CrPC, and the stage at which sanction under Section 19 PC Act is required in private complaints.

21 Apr 2025

The Supreme Court was hearing a petition arising from a complaint filed against a former Chief Minister of Karnataka alleging corruption under the Pre...

High Court

High Court of Karnataka Quashes Criminal Proceedings Under Insecticides Act for Lack of Sanction — Prosecution Initiated Without Mandatory Consent Under Section 31(1) of the Insecticides Act, 1968 Is Void Ab Initio.

10 Dec 2024

The petitioner, B.S. Suresh Babu, proprietor of Karnataka Traders, filed multiple writ petitions under Article 226 of the Constitution of India read w...

High Court

High Court of Karnataka Quashes Process in Defamation Case for Lack of Sanction Under Section 197 CrPC — Public Servant Protection Upheld. Order directing registration of crime and issuance of process against CEO of Zilla Panchayat for offences under Sections 499, 500, 504 IPC set aside as complaint failed to obtain mandatory sanction under Section 197 CrPC.

2 Dec 2024

The petitioner, Charulata Somal, was the Chief Executive Officer of Zilla Panchayat, Kodagu District. The respondent, Shiriyara Muddanna Shetty, an ad...

Supreme Court

Supreme Court Quashes Cognizance Order Against Police Officer in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 170 Karnataka Police Act. The Court held that cognizance without sanction is void ab initio and the High Court should have quashed proceedings instead of remanding for discharge.

27 Mar 2020

The Supreme Court considered an appeal against the Karnataka High Court's order that declined to quash a Magistrate's order taking cognizance of a pri...

Supreme Court

Supreme Court Restores Charges Against Retired Bank Official in CBI Corruption Case — Prima Facie Evidence of Criminal Conspiracy and Abuse of Official Position. The Court held that the High Court erred in discharging the accused at the pre-charge stage despite material indicating dishonest intention and violation of banking norms under the IPC and Prevention of Corruption Act.

5 Dec 2019

The Supreme Court allowed the appeal filed by the Station House Officer, CBI/ACB/Bangalore, against the judgment of the High Court of Karnataka which ...

Supreme Court

Supreme Court Sets Aside Discharge of Accused in CBI Disproportionate Assets Case — High Court's Order Lacks Reasons and Proper Consideration of Evidence. The Court held that the High Court erred in discharging the accused without examining the prima facie strength of the evidence and on erroneous grounds regarding investigation procedure and sanction under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

25 Sep 2019

The Supreme Court set aside the order of the Bombay High Court which had discharged the respondents, Smt. Pramila Virendra Kumar Agarwal and Shri Vire...

Supreme Court

Supreme Court Dismisses Appeal of BSNL Officers Seeking Sanction Under Section 197 CrPC for Prosecution Under Maharashtra Private Security Guards Act. Protection under Section 197 CrPC not available to employees of public sector corporations even if they are 'public servants' under Section 21 IPC.

19 Aug 2019

The Supreme Court dismissed an appeal by Bharat Sanchar Nigam Limited (BSNL) and its officers against the rejection of their challenge to prosecution ...

Supreme Court

Supreme Court Dismisses Appeals of Bank Employees Convicted for Fictitious Account Fraud. Handwriting Evidence and Conspiracy Proven Despite Flawed Investigation.

22 Jul 2019

The Supreme Court dismissed the appeals of Ram Gopal and Pankaj Kumar Jain, who were convicted for their involvement in a fictitious bank account frau...

Supreme Court

Supreme Court Dismisses Appeal of Bank Manager Seeking Discharge for Want of Sanction Under Section 197 CrPC in Forgery Case. Act of Forgery by Public Servant Cannot Be Considered an Act Done in Discharge of Official Duty.

23 Apr 2019

The Supreme Court dismissed an appeal filed by S.K. Miglani, a former Branch Manager of Bank of Baroda, Faridabad, challenging the Delhi High Court's ...

Supreme Court

Supreme Court Allows Appeal, Restores Complaint Against Police Officer in Assault and Theft Case — High Court Exceeded Jurisdiction Under Section 482 CrPC by Appreciating Evidence and Erred in Requiring Sanction Under Section 197 CrPC.

2 Apr 2019

The appellant, Devendra Prasad Singh, filed a complaint against respondent No. 2, a police officer (SHO), alleging offences under Sections 323, 341, 3...

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