Search Results Page

Search Results

1 - 10 of 27 (2.85 seconds)
Saswat Mishra And Another vs Dayanidhi Sharma And Another on 28 March, 2018 cites

Rakesh Kumar Mishra vs State Of Bihar And Ors on 3 January, 2006

17. Moreover, the complaint and initial statement of the complainant clearly show that the present petitioners have organized the lottery after obtaining necessary permission of the State Government to promote the welfare scheme of the local people. The act complained of has got thus close nexus with the discharge of duty. Moreover, they are removable by the order of the sanction of the State Government. So, the ingredients of Section 197 Cr.P.C. are well fulfilled to protect the petitioners who are public servant. Now applying the aforesaid decisions of the Hon'ble Supreme Court in State of Orissa and others -V- Ganesh Chandra Jew (supra); Om Prakash and others v. State of Jharkhand (supra); Sankaran Moitra v. Sadhna Das and another (supra); and Rakesh Kumar Mishra v. State of Bihar and others (supra), prior sanction of the State Government is necessary to proceed with the offences. This fact is also well observed in the impugned order. When the statute is clear to show that obtaining of sanction of the State Government is a pre-condition to take cognizance of the offence, 15 any observation that the question of sanction can be considered after taking cognizance of the offence is absolutely beyond the purview of the jurisdiction of the Magistrate.
Supreme Court of India Cites 31 - Cited by 197 - A Pasayat - Full Document
1   2 3 Next