duty. He was of the opinion that no sanction under Section 197 , Cr PC was necessary. Having found a prima facie case he took cognizance ... party No. 1 is entitled to the protection under Section 197 Cr PC. and in absence of sanction, taking cognizance is illegal and consequently
facts and
circumstances of the present case, sanction, under Section 197 Cr. PC.,
was required, it is pertinent to note that sanction, under Section 197 ... persons mentioned in Section 197 Cr.P.C.
25. While considering the scope and ambit of Section 197 Cr. P. C, it
may be borne
repelling a challenge that Section 197 of the Code of
Criminal Procedure, 1898 (pari materia with Section 197, Cr. PC)
offended Article ... section (1) of
Section 197, Cr. PC, it has not been defined in the Cr. PC; however,
what the words ‘public servant’ denote is found
prior sanction, which is a statutory
requirement in view of Section 197 Cr.PC, for initiating criminal
prosecution of a public servant?
2. Petitioner ... sanction under Section 197
Cr.PC, has already held and observed that petition under Section
482 Cr.PC is maintainable to quash criminal proceedings, which
entitled to
the protection of pre-requisite of sanction under Section 197 Cr. PC.
The petitions were thus allowed on 10.08.2015 and the impugned
order ... that arises is as to whether the provision contained in
Section 197 Cr. PC can come in the way of the petitioner in the
present
there was no sanction u/s 197 Cr. PC against
him. It is further submitted that the case of the A1 is also covered ... without application of mind and no sanction u/s 197 Cr. PC
was obtained against the said accused prior to his prosecution. It is submitted
Cr.PC and the one under Section 19
PC Act was explained in para (10):
"10. It may be noted that section 197 ... sanction under Section 197 of P.C.
Act. Even if we presume that there is no sanction under section 197
Cr.PC that does
prosecution sanction of the competent authority as mandatorily required under Section 197 Cr.PC. On 20.6.2005, the Home Department sought opinion of the Director General ... same had been filed without prior sanction under Section 197 Cr.PC. Meanwhile, Shri Malik made a representation dated 25.5.2005 to the Home Department
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(ii) Sanction under Section 197 Cr.PC is required to
initiate the prosecution as the alleged act was
committed during ... 376AB, 376C,
376D, 376DA and 376DB in the Explanation to Section 197 Cr.PC for
"Sections 376A, 376C and section 376D
police
personnel which is totally in contravention with the Section 197 Cr PC.
[9] Being aggrieved by the said order dated 30.07.2018 passed ... supplementary charge sheet thereby containing the
sanction order U/s 197 Cr PC accorded by Special Secretary (Home),
Government of Manipur as such
