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1 - 10 of 11 (0.25 seconds)Pawan Kumar Rathore vs The State Of Madhya Pradesh Thr on 25 July, 2018
After registration of the aforesaid crime, with oblique
motive and afterthought, the petitioners have also lodged a report
against the respondents no.3 and 4, for which the Department
has not given any sanction for prosecution nor they took any
instruction from Superintendent or any senior authority. The
petitioners, thereafter, applied for sanction, but as sanction was
not granted, therefore, they have approached before this Court by
filing W.P. No.5941/2015. The said writ petition was withdrawn
with liberty to file a fresh writ petition on 13/02/2017. During
pendency of this writ petition, the respondents have filed their
reply and along with their reply they have filed copy of the order
dated 28/09/2015 by which the respondent no.1 has refused to
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Writ Appeal No.955/2019
(Pawan Rathore and Another Vs. State of M. P. and Others)
-3-
grant sanction for prosecuting the respondents no.3 and 4. The
petitioner, therefore, filed the present petition challenging the
impugned order dated 28/09/2015.
Section 197 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 294 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 332 in The Indian Penal Code, 1860 [Entire Act]
Section 353 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Smt. Urmila Devi vs Sh. Yudhvir Singh on 20 July, 2011
In the other matter i.e. Urmila Devi (Supra)
also the conduct of again a public servant was not in discharge of his
official duty and in those circumstances sanction under Section 197
was not required.
Center For Public Interest Litigation ... vs Union Of India And Anr on 6 October, 2005
15. The Apex Court in Para, 9 10 and 11 of its judgment in
the case of Center for Public Interest Litigation and another
Vs. Union of India and another reported in AIR 2005 SC 4413
has held as under :-