Quashing of FIR – Protection under Official Duty – Absence of Mens Rea
2 Jan 2025Code of Criminal Procedure, 1973 – Section 482 – Quashing of FIR – High Court refused to quash the FIR despite lack of prima facie evidence agai...
Search Results for "official duty"
31 result(s) found
Found 31 result(s)
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 2024The Supreme Court ruled on the necessity of prior sanction under Section 197 of the CrPC for prosecuting public servants accused of conspiring to crea...
- 298
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 2024The 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...
- 365
High Court
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.
3 Jul 2024The 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...
- 190
High Court
Court Directs Completion of Investigation in Harassment Case Involving Medical Officer. No Sanction Required for Offenses Under Section 509 IPC and Atrocities Act; Final Report to Exclude Section 506 IPC
11 Jun 2024The petitioner, a Medical Officer Class – I, alleged harassment by her colleagues and superiors, leading to the filing of an FIR under IPC Sections ...
- 274
Supreme Court
Supreme Court quashes criminal complaint against Special Armed Forces officers, holding that the prosecution lacked specific allegations, and a prior contempt petition covered the same cause of action.
4 Mar 2024The Supreme Court, in a judgment dated [Date], quashed a criminal complaint filed by the first respondent (complainant) against the officers of the Sp...
- 198
Supreme Court
Supreme Court Reverses High Court Quashing of Criminal Proceedings Against Public Servant in Forgery Case Due to Lack of Sanction Requirement. The Court Held That Sanction Under Section 197 of the Code of Criminal Procedure, 1973 Is Not Necessary When the Alleged Offence of Creating Fake Documents for Illegal Gain Is Not Committed in the Discharge of Official Duty.
17 Jan 2024The dispute arose from a criminal complaint lodged by the appellant alleging that the respondent, a village accountant, along with others, created fak...
- 20
Supreme Court
Supreme Court Quashes Criminal Proceedings Against Former Chief Minister in Corruption Case Due to Non-Compliance with Statutory Pre-Condition. Investigation under Prevention of Corruption Act, 1988 was invalid as prior approval under Section 17A was not obtained, rendering the FIR and remand order liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.
16 Jan 2024The dispute involved a former Chief Minister of Andhra Pradesh challenging criminal proceedings initiated against him by the State CID for alleged off...
- 41
Supreme Court
Supreme Court Dismisses Appeal Against Discharge of Police Officials in Criminal Case Due to Lack of Prima Facie Evidence. The Court upheld the High Court's decision affirming the Sessions Court's discharge order under Section 227 of the Code of Criminal Procedure, 1973, finding insufficient material to frame charges for offences under Sections 147, 323, 342, 504, and 506B of the Indian Penal Code, 1860.
12 Apr 2023The dispute originated from a private complaint filed by the original appellant (complainant) under Section 200 of the Code of Criminal Procedure, 197...
Supreme Court
Supreme Court Dismisses Application for Juvenile Status Determination in Death Penalty Case Due to Inconsistent Evidence and Procedural Delays. Applicant Failed to Prove Juvenility Under Section 9(2) of Juvenile Justice (Care and Protection of Children) Act, 2015, with Discrepancies in Name and Age Documents and Belated Claim After Conviction Confirmation.
27 Mar 2023The case involved an application under Section 9(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, filed by a convict sentenced ...
- 25
