Prevention of Corruption Act , 1988 as well as under Section 197 of Cr. P.C.. The reliance was placed by the applicant on State ... which it has been held categorically that sanction for prosecution under sections 197 Cr. P.C. was very much required for prosecuting a retired public
hence there was no necessity for seeking prior prosecution sanction under sections 197 Cr. P.C.. It was further recorded in the impugned order that ... held by the Hon'ble Apex court that protection of sections 197 Cr. P.C. would remain available to the Government servant
prior sanction has been obtained by the competent authority under Section 197 Cr.P.C. for prosecution of the applicant.
10. On the other hand ... applicant that the applicant is a government employee, hence under Section 197 Cr.P.C. prior sanction from the competent authority is required before taking
absolutely wrong as no sanction for prosecution of the applicant under section 197 Cr.P.C. has been obtained from the competent authority and without ... entitled to indulge in criminal activities. To that extent Section 197 CrPC has to be construed narrowly and in a restricted manner. III.
39.3 Even
made that the proceedings against the applicant were barred by Section 197 Cr.P.C. Besides that entire proceedings of the Criminal Case ... apparent that no prior sanction for prosecution had been taken under Section 197 Cr.P.C. from the the Competent Authority to proceed with
Prevention of Corruption Act, 1988 as contemplated by Section 197 Cr.P.C.
28. The question which requires consideration is on what grounds an order ... evidence in support of their case.
29. Sub-section (1) of Section 197 Cr.P.C. shows that sanction for prosecution is required where
Pawan Kumar Pandey and others arising out of Case Crime No. 197 of 1992 and Sessions Trial No. 423 of 2017 : State Vs. Lal Krishna ... cases were registered on the same day i.e. (i) Crime No. 197/1992 under Sections 395 , 397 , 332 , 337 , 238 , 295 , 297 , 153A
Prevention of Corruption Act, 1988 as contemplated by Section 197 Cr.P.C.
(27) The question which requires consideration is on what grounds an order ... evidence in support of their case.
(28) Sub-section (1) of Section 197 Cr.P.C. shows that sanction for prosecution is required where
taken against him in the absence of sanction for prosecution under Section 197 (1) Cr.P.C. and lastly that no offence under Section ... prosecute him was obtained by the competent authority as required under Section 197 (1) Cr.P.C. and he further relied upon the judgment
State Government, the concerned Administrative Department grants prosecution sanction under Section 197 Cr.P.C. and also under Section 19 of Prevention of Corruption ... this regard, it is humbly submitted that as per Section 197 Cr.P.C., the sanction is required even after the retirement of the public
