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
under Section 197 , Cr.PC for the first time before the revisional court or this court under Section 482 , Cr.PC, but they should appear ... 197 , Cr.PC, but a perusal of the order of the learned Magistrate clearly shows that the provisions of Section 117 , Cr.PC were present
launched against them after having obtained sanction as required under Section 197, Cr PC. On approach being made by the accused persons by filing writ ... authority. In the opinion of his Lordship Kuldip Singh. J. Section 197, Cr PC does not require the sanction to be in any particular form
sanction on behalf of the Central
Government in accordance with section 197 Cr.PC, 1972
vide NSCS letter No. C-11017/1/2006-Admn dated ... special cell,
1
New Delhi, seeking the sanction u/s 197 Cr.PC from
NSCS and also the reply covering letter of NSCS,
through which
Cr. PC. The complainant told the accused that he be also released on bail in the proceeding under Section 110 , Cr. PC as there ... Section 41(2) , Cr. PC by the accused as he was going to initiate a proceeding under Section 110 , Cr. PC against him (complainant
Niranjan Sngh has also argued
on their applications u/s 197 Cr.PC. The ld.counsel for both the
accused has submitted that ... such protected u/s 197 Cr.PC
and hence in absence of any sanction for his prosecution by the
CBI CASE
Fakhrujamma (supra) relates to need of sanction of prosecution U/s
197 Cr. PC against a public servant, who could be removed from the
service ... duty and hence sanction for their
prosecution was necessary U/s 197 Cr.PC.
15. In Dr. Ravindra (Supra), an Additional Supdt. of police
point of section 202 Cr PC and 197
Cr PC it was held that authority of the Magistrate to take
cognizance and sanction ... 197 Cr PC being a condition
precedent for taking cognizance, depends on the question
whether court has jurisdiction to take further proceeding in
Cr
point of section 202 Cr PC and 197
Cr PC it was held that authority of the Magistrate to take
cognizance and sanction ... 197 Cr PC being a condition
precedent for taking cognizance, depends on the question
whether court has jurisdiction to take further proceeding in
the matter
alleged that the petitioners cannot
be prosecuted without sanction U/s. 197 Cr PC or
without sanction U/s 140 of Delhi Police Act since ... discharge
16
of their official duties sanction U/s 197 Cr PC was
required to prosecute them but no such sanction was
obtained to prosecute
