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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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High Court of Bombay Quashes Sanction Order in Disproportionate Assets Case Against IRS Officer — Sanctioning Authority Failed to Apply Independent Mind and Relied on CBI Report Without Proper Application of Mind.

The petitioner, Vivek Batra, an Indian Revenue Service officer, challenged the sanction order dated 09.10.2012 granted by the Union of India for his p...

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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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Supreme Court Upholds Acquittal in TADA Case Due to Invalid Sanction — Prior Sanction Under Section 20A(2) TADA Must Show Application of Mind. The Designated Court's finding of non-application of mind in sanction order was upheld, and the prosecution could not proceed under TADA.

The State of Gujarat appealed against the acquittal of three respondents by the Designated Judge, Jamnagar, in Special TADA Case Nos.3/1994, 3/1997, a...

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Karnataka High Court Quashes FIR Under Section 295A IPC and Section 67 IT Act in WhatsApp Group Case Due to Lack of Sanction and Insufficient Evidence -- Petitioner Acquitted of Religious Offence Charges

The Karnataka High Court allowed a criminal petition filed under Section 482 of the CrPC seeking to quash an FIR registered under Section 295A IPC and...

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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 Dismisses Appeal by Police Officers in Criminal Case Due to Lack of Requirement for Prior Sanction. Allegations of Assault and Defamation Not Connected to Official Duties Under Section 197 CrPC and Section 170 Karnataka Police Act, 1963, Thus Sanction Not Mandatory.

The dispute arose from a private complaint filed by the complainant against police officers, alleging assault, torture, defamation, and theft during i...