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Supreme Court

Supreme Court Sets Aside Discharge for IPC Offences Due to Lack of Sanction Under Section 197 CrPC, Upholds Corruption Charges Under Prevention of Corruption Act. Deputation of Public Servant to Municipal Corporation Renders Section 197 CrPC Inapplicable as He Ceases to Be Removable by Government, and Amended Section 19 of PC Act Does Not Apply Retrospectively to Retired Official.

22 Apr 2025

The Supreme Court heard two appeals by special leave against a common judgment and order dated 29 January 2024 of the High Court of Punjab and Haryana...

Supreme Court

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.

3 Apr 2025

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

Supreme Court

Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

6 Mar 2025

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

High Court

Illegal Detention and Remand under CrPC, UAPA, and NIA Act. Habeas Corpus Petition Dismissed – Detention Found Legal Under CrPC, UAPA, and NIA Act – No Consent Required for Arrest of Public Officer in Criminal Conspiracy

6 Mar 2025

Section 45 of the CrPC: The protection under Section 45 of the CrPC applies only when the public officer is acting in his official capacity. In this c...

Supreme Court

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.

25 Feb 2025

Sanction for Prosecution Mandatory for Public Servants Acting in Official Capacity – Deemed Sanction Not Recognized Under Section 197 CrPC The Supr...

Supreme Court

Quashing of Criminal Proceedings – Lack of Prima Facie Case – Mandatory Compliance Under Section 195(1) of the Code of Criminal Procedure, 1973

2 Jan 2025

Criminal proceedings initiated under Sections 353 and 186 of the Indian Penal Code, 1860, were quashed due to the absence of a written complaint by a ...

Supreme Court

Justice Affirmed, Fair Process Upheld. A Supreme Court ruling quashes prejudiced proceedings against a senior police officer, reinforcing principles of natural justice.

13 Dec 2024

I. Introduction (Para 1) The appeal challenges the High Court's order dated October 14, 2010, which upheld the Special Judge's decision to proce...

Supreme Court

"Supreme Court Examines the Necessity of Sanction under Section 197 CrPC in Alleged Conspiracy Cases" "Balancing Official Duty and Accountability: Public Servants and Legal Immunity in Criminal Prosecutions"

13 Dec 2024

The Supreme Court ruled on the necessity of prior sanction under Section 197 of the CrPC for prosecuting public servants accused of conspiring to crea...

High Court

Protecting the Fundamental Right to Liberty under Article 21. Illegal Arrest of a Decorated Police Officer: Bombay High Court Awards Compensation for Violation of Fundamental Rights.

25 Nov 2024

The Bombay High Court, in the case of Sambhaji Achyutrao Patil v. State of Maharashtra & Ors., addressed the illegal arrest and detention of a se...

Supreme Court

Supreme Court Quashes PMLA Case Cognizance Against Public Servants Without Prior Sanction. Section 197 CrPC Applicability Affirmed in Money Laundering Cases Involving Public Servants.

6 Nov 2024

The Supreme Court, in Directorate of Enforcement vs. Bibhu Prasad Acharya and Others (2024 INSC 843), upheld the decision of the High Court to quash t...

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