Mithu Singh Vs State Of Rajasthan
.... to do, or must be related in some manner, with the discharge of official duty. No question of sanction can arise under Section 197, unless the act complained of is an offence; the only point for determination is whether it was committed in the discharge of official duty. There must be a reasonab ...
Rajasthan High Court (Jodhpur Bench)
Central Bureau Of Investigation Vs Ramesh Chander Diwan And Another
.... ry v. State of Bihar (1999) 4 SCC 659, this Court had the occasion to observe: 8. Deputation can be aptly described as an assignment of an employee (commonly referred to as the deputationist) of one department or cadre or even an organisation (commonly referred to as the parent depa ...
Supreme Court Of India
Suneeti Toteja Vs State Of U.P. & Another
.... anction is necessary in a particular case is, whether, the act is totally unconnected with the official duty or whether, there is a reasonable connection with the official duty. In the present case, the letter requesting sanction for prosecution was sent to FSSAI, Delhi by the Additional Chief S ...
Supreme Court Of India
Shinto P. Kurian Vs State Of Kerala
.... tate the law that Sub Inspectors of Police of Kerala Police are not entitled for the protection of Section 197 Cr.PC. It is pertinent to note that in the aforesaid order, a Division Bench of this Court had discussed the scope and ambit of the Government notification dated 06.12.1977 directing th ...
High Court Of Kerala
Om Prakash Yadav Vs Niranjan Kumar Upadhyay & Ors
.... vant in or out of office the bar of Section 197(1) of the Code would have no application. Such a view would render Section 197(1) of the Code specious. Therefore, the question would have to be examined in the facts of each case . …” (emphasis supplied) 56. In Shambhoo Nat ...
Supreme Court Of India
Shriniwas Reddy Kankanala S/O. Mohan Reddy Kankanala Vs State Of Maharashtra
.... me Court in case of D. Devaraja Vs. Owais Beer Hussain, (2020) 7 SCC 695, wherein the Court has succinctly explained the object behind obtaining sanction to prosecute the public servant, and the test to be applied for determining necessity of sanction. 15. On the other hand, reply affidav ...
Bombay High Court (Nagpur Bench)
Dr. Rekha w/o Gowardhan Gaikwad Vs State Of Maharashtra
.... both the sides and having perused the record, it is evident that there cannot be a dispute about the fact that the competent authority (Hon’ble Chief Minister) by the impugned communication had refused to accord sanction to prosecute respondents No.7 to 9. Though it was initially being informed t ...
Bombay High Court (Aurangabad Bench)
Rounak Ali Hazarika Vs State Of Assam And Anr
.... h, opposite Direnpara Medical (small bylane, 1 meter walking distance left side, Guwahati – 35 given on rent to Marwari people. 11. Son study in Assam valley school Tezpur, annual fees 15 lakhs 12. Wife spend 1 lakh in beauty parlour per month. Yours faithfully Hasanur Ahme ...
Gauhati High Court
State Of U.P. Vs Chief Judicial Magistrate Barabanki And Anr.
.... where the act or the omission is indisputably traceable to the discharge of the official duty by the public servant, then for the Court to not accept the objection against cognizance being taken would clearly defeat the salutary purpose which underlies Section 197 of the Cr. P.C. It all depends o ...
Allahabad High Court, Lucknow Bench
Shailesh Haribhau Jagtap Vs Rahul Suresh Khetre And Others
.... avit in support thereof there was no reference to the alleged demand of Rs.2,00,000/-. Two, in the statement before the Police Officer, during the course of a departmental enquiry, the complainant disowned the said allegation and asserted that the said complaint was made at the behest of the Adv ...
Bombay High Court
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