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State Of Karnataka Lokayukta Police vs S. Subbegowda on 3 August, 2023

14. The above judgment arises out of Prevention of Corruption Act under Section 19(1) of the Act. It is no way applicable to the case on hand. That apart, in the above case, already sanction was accorded and the same was under challenge. Whereas, in the case on hand, no sanction was accorded in order to prosecute the petitioner as contemplated under Section 197 Cr.P.C. Therefore, the prosecution ought to have obtained previous sanction in terms of 197(1) of Cr.P.C. for prosecuting the petitioner for the offences under Section 201(3) and 202 of IPC. That apart, no prosecution shall be instituted under the Co-operative Societies Act without previous sanction of the Registrar and such sanction shall be given without giving to the person concerned a reasonable opportunity to represent his case as contemplated under Section 164(3) of the Tamil Nadu Cooperatives Societies Act.
Supreme Court of India Cites 21 - Cited by 3 - B M Trivedi - Full Document
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