Is Sanction U//s.197 necessary for prosecuting a public servant for Offence U/s.211 IPC
Dear Members, I shall be very grateful if you will please be kind and let me know if Sanction U/s.197 Cr.P.C is necessary for prosecuting a Public Servant for offences committed by him U/s.211 I.P.C.
Honorable Apex court citations would be of great help.
Thank you more
Honorable Apex court citations would be of great help.
Thank you more
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NOT NEEDED AS PER SC JUDGEMENT. SUBRAMANYA SWAMY VS DEVILAL. I WILL POST THE JUDGMENT COPY HERE. more
Jun 13
Dear Dr.Sekhar Iyer, thank you very much, much appreciated. regards
Anil Kumar SIngh, will get the judgment from the net. thank you once again. more
Anil Kumar SIngh, will get the judgment from the net. thank you once again. more
Jun 14
Dear Learned Members thank you very much for your suggestions, opinions. Much appreciated. Thank you once again. Regards more
Jun 08
There are two options available u/s 197 CrPC. Either we take prior permission or alternatively move a petition to High Court with a request for taking suo muto cognizance. My personal opinion would be to apply to Advocate General/Attorney General (AG) seeking permission first and wait for sometime. If no response is received from AG in a couple of months, file petition in HC/SC for taking suo motu cognizance, along with the acknowledged copy of application to AG office. There is detailed view of SC on the subject in the matter arising out of P N Duda vs V P Shiv Shankar & Others dated 15/04/1988 (1988 SCC (3) 167). This judgement is a bit confusing. But, the message is very clear that no body is above Law. more
Jun 08
1.{1996} 3 SCC 212 “ If the Court finds that the Government or authorities concerned have not taken the action required of them by law and this has resulted in violation of the right to life of the citizens, it will be the duty of the Court to intervene . “ 2. If the Offence committed hits the right to live healthy, wealthy with Life provisions set in Principles of Rule, the Case on such Offence can be so planned . 3. The issue whether permission is required u/s 197 is different and leads to unending delay or a total setback . 4. The Offence and its link to Life article which has still abundant definitions , is to be thought please . more
Jun 08
