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Criminal procedure

SAMARENDRA NATH KUNDU & ANR. versus SADHANA DAS & ANR.

Because the appellants were subordinate rank police officers who, at the time cognizance was taken in 2001, were not officers removable only with the sanction of the Government, Section 197(1) protection did not apply to them; further, the notifications of 19.11.2010 made under Section 197(3) cannot retroactively bar cognizance already validly taken, hence the appellants were not entitled to the protection of Section 197 and the appeal was dismissed.

Source excerpt

  • Section 197 crpc
  • Sanction for prosecution
  • Cognizance
  • Public servant
  • Notifications under section 197(3) crpc
  • Post-cognizance sanction
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Criminal procedure

CENTRAL BUREAU OF INVESTIGATION versus RAMESH CHANDER DIWAN

Because the respondent was initially appointed by the Government of Punjab, was sent on deputation with extensions by the Governor of Punjab, there is no material showing absorption in Municipal Corporation or transfer of disciplinary control, and he remained removable only by the appropriate authority in the Government of Punjab, he continued to be a public servant for purposes of Section 197(1), Cr.P.C.; therefore sanction having not been obtained, the High Court was correct in discharging him of the offences under Sections 120B and 420 IPC (the appeals dismissed).

Source excerpt

  • Section 197 cr.p.c.
  • Sanction for prosecution
  • Deputation
  • Public servant (section 21 ipc)
  • Article 311 constitution of india
  • Disciplinary control over deputationist
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Criminal procedure

SUNEETI TOTEJA versus STATE OF U.P. & ANOTHER

Because the appellant acted in her official capacity as Presiding Officer of the ICC, prior sanction under Section 197 CrPC was required before the Magistrate could take cognizance; Section 197 does not provide for 'deemed sanction'; BIS ultimately refused sanction, and therefore the Magistrate erred in proceeding and the chargesheet, summoning order and consequent trial steps are quashed as to the appellant.

Source excerpt

  • Sanction for prosecution
  • Section 197 crpc
  • Internal complaints committee
  • Cognizance
  • Deemed sanction
  • Quashing under section 482 crpc
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Criminal procedure

OM PRAKASH YADAV versus NIRANJAN KUMAR UPADHYAY & ORS.

On the materials before the Court, the High Court erred in quashing the proceedings for want of sanction under Section 197 CrPC; where a police official is alleged to have lodged a bogus FIR and fabricated evidence there is no reasonable nexus with official duty so as to attract Section 197; respondent no.1 was not posted at the Murar Police Station at the relevant time and thus sanction was not required as to him; as to respondent nos.3,4,5, if prosecution proves they registered a false case they cannot claim protection under Section 197, but the defence must be given opportunity to rebut; t…

Source excerpt

  • Section 197 crpc
  • Sanction for prosecution
  • Bogus fir
  • Quashing of proceedings
  • Cognizance by magistrate
  • Acting or purporting to act in discharge of official duty
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Prevention of corruption act, 1988

CENTRAL BUREAU OF INVESTIGATION versus JAGAT RAM

The Supreme Court held that because the Trial Court's factual findings were based on evidence and the High Court set aside the sanction and acquittal without determining whether any irregularity occasioned a failure of justice, the High Court's judgment was set aside to that extent; the matter was remanded to the High Court to consider the legality of the sanction under Section 19 of the Prevention of Corruption Act, 1988 and whether any irregularity has occasioned or resulted in failure of justice, permitting the respondent to raise that issue there.

Source excerpt

  • Sanction for prosecution
  • Failure of justice
  • Irregularity in sanction order
  • Presumption under section 20
  • Section 19(3)(a) and 19(4) analysis
  • Section 465 cr.p.c.
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Criminal procedure

GURMEET KAUR versus DEVENDER GUPTA & ANOTHER

The demolition was carried out within the scope and ambit of the appellant's authority as District Town Planner (Enforcement) and was correlated with the discharge of official duty; therefore Section 197 CrPC applied and prior sanction from the appropriate government was a mandatory precondition to taking cognizance; absence of such sanction rendered the initiation of the complaint and the summoning order void, and those proceedings were quashed, while liberty was reserved to seek sanction in accordance with law.

Source excerpt

  • Section 197 crpc
  • Sanction for prosecution
  • Public servant
  • Demolition of construction
  • Controlled area notification
  • Regularisation of construction
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Criminal law

THE STATE OF KARNATAKA versus CHANDRASHA

The prosecution proved demand, acceptance and recovery of Rs.2,000 from the respondent and obtained valid sanction to prosecute; the presumption under Section 20(1) of the Prevention of Corruption Act applies and was not rebutted by the respondent; the High Court's acquittal was perverse and is set aside, and the trial Court's conviction and sentence are restored.

Source excerpt

  • Illegal gratification
  • Presumption under section 20
  • Demand and acceptance of bribe
  • Sanction for prosecution
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Criminal law

STATE OF GUJARAT versus DILIPSINH KISHORSINH RAO

The High Court erred in allowing the revision and discharging the accused because it impermissibly reappraised and accepted defence material and weighed evidence at the discharge stage; the trial court correctly held that the charge-sheet and sanction order prima facie disclosed ingredients of the offence and that reasonable suspicion arising from alleged loans and unexplained assets required trial. Consequently the High Court order was set aside and the trial was directed to proceed.

Source excerpt

  • Discharge application under section 227 cr.p.c.
  • Framing of charge
  • Sanction for prosecution
  • Revisional jurisdiction under section 397/401 cr.p.c.
  • Quashing of charge
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Criminal procedure

A. SREENIVASA REDDY versus RAKESH SHARMA AND ANR.

Section 197 CrPC did not apply because the appellant, an Assistant General Manager of a nationalised bank, did not hold a post removable only by or with the sanction of the Central or State Government; sanction under Section 19 of the PC Act, 1988 is distinct from sanction under Section 197 CrPC and, although the appellant was discharged of offences under the PC Act for want of sanction, prosecution for the IPC offences could lawfully continue in accordance with law.

Source excerpt

  • Sanction for prosecution
  • Section 197 crpc
  • Section 19 pc act
  • Public servant
  • Nexus with official duty
  • Quashing of criminal proceedings
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Drugs and cosmetics act

S. ATHILAKSHMI versus THE STATE REP. BY THE DRUGS INSPECTOR

The prosecution was unwarranted and criminal proceedings were quashed because the appellant was a registered medical practitioner, the quantity and nature of medicines seized (small quantities, largely lotions/ointments) did not demonstrate 'stocking for sale', Schedule K read with Rule 123 exempts such supplies by medical practitioners from Chapter IV, and the sanction for prosecution showed prima facie non-application of mind and unexplained delay.

Source excerpt

  • Sanction for prosecution
  • Quashing of criminal proceedings
  • Schedule k exemption
  • Possession versus stock for sale
  • Non-application of mind in sanction
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.