clause Twelfth of Section 21 of the Indian
Penal Code for purposes of Section 197 of the Code of
Criminal Procedure, 1973. The answer ... clause Twelfth of Section 21
of the Indian Penal Code, 1860 and Section 197 of the
Code of Criminal Procedure, 1973"
It was opined
exercise of the powers
conferred by sub-section (3) of Section 197 Code of
Criminal Procedure, 1973 (Central Act 2 of 1974), the
Governor ... into a criminal
conspiracy or to indulge in criminal misconduct.
Want of sanction under Section 197 of the Code of
Criminal Procedure is, therefore
that an order
of sanction in terms of Section 197 of the Code of Criminal
Procedure was required to be obtained despite the fact that ... sanction
for prosecution under Section 19 of the Act and Section 197 of the Code of
Criminal Procedure. Whereas in terms of Section
197 and 439 of the Criminal Procedure Code
were amended. The said Ordinance was repealed and replaced by the Code
of Criminal Procedure (Assam Amendment ... divisional Judicial
Magistrte, Golaghat unde Sub-section (5) of Section 197
of Code of Criminal Procedure, 1973 as amended, the
State Govt. hereby issue
obtained as was required mandatorily in terms of Section 197
of the Criminal Procedure Code, which plea came to be accepted by the
learned Metropolitan ... obtain
prior sanction therefor as was mandatorily required under Section 197 of the
Criminal Procedure Code.
Mr. Subramonium Prasad, learned counsel appearing on behalf
section 140 would not come into play but that sanction
had nevertheless to be taken under Section 197 of the Code of
Criminal Procedure ... side and as such the question of the
applicability of Section 197 of the Cr.P.C. did not arise.
Several judgments were cited
matter of grant of
sanction in terms of Section 197 of the Code of Criminal Procedure, 197.
3. The basic fact of the matter ... Government passes the order under
Section 19 of the Act or under Section 197 of the
Code of Criminal Procedure, declining the
sanction to prosecute
required to be passed in terms of Section 197 of the Code of Criminal
Procedure in relation to an accused who has ceased ... Majority, albeit in the context of
Section 197 of the Code of Criminal Procedure, opined:
"22. Learned counsel for the complainant argued
that want
sanction of the competent
authority as envisaged under Section 197 of the Code of Criminal Procedure.
6. Section 166 and 167 of the Indian Penal ... have misused his
position as a public servant.
Section 197 of the Code of Criminal Procedure lays down
requirements for obtaining an order of sanction
also for the offences of criminal conspiracy punishable under
Section 120-B of the Indian Penal Code. It must be mentioned that
by the time ... Governor
accordingly granted sanction for prosecution under Section 197 of the
Criminal Procedure Code.
Both the Ministers filed separate Writ Petitions under Articles
