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DIPANKAR DATTA, MANMOHAN
State By Deputy Superintendent Of Police – Appellant
Versus
B. T. Ramesh – Respondent
| Table of Content |
|---|
| 1. basis of the case and proceedings against a retired public servant. (Para 2) |
| 2. background of allegations against ramesh. (Para 4) |
| 3. delay in filing chargesheet raises legal concerns. (Para 5) |
| 4. arguments on sanction requirements for prosecution. (Para 6) |
| 5. ramesh's arguments on legal non-compliance are examined. (Para 7 , 9) |
| 6. court's observations on the applicability of rule 214. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 7. the court's interpretation and observations on rule 214. (Para 17) |
| 8. discussion on necessary statutory sanctions. (Para 19 , 20 , 21) |
| 9. legal principles defining the applicability of prior sanction and the validity of criminal proceedings. (Para 22) |
| 10. court's ruling regarding quashing of criminal proceedings. (Para 24 , 25) |
| 11. final orders and implications of the judgment. (Para 26 , 27 , 28) |
JUDGMENT :
DIPANKAR DATTA, J.
1. Leave granted.
2. The present appeals by the State of Karnataka register a challenge to the common judgment and order dated 5th July, 20221[impugned order] of the High Court of Karnataka2[High Court] in three Writ Petitions3[W.P. No.61305/2016 (GM-RES) c/w W.P. No.61306 of 2016 c/w W.P. No.61307/2016] filed by the 1st responden
Delays in chargesheets for public servants cannot bar prosecution, and prior sanction is required for IPC offences but not for the Prevention of Corruption Act post-retirement.
The requirement of prior sanction for prosecution under Sec.19 PC Act applies at the time of taking cognizance of the offence, and the intent behind the provision is to protect public servants from m....
: Grant of sanction for prosecution of a public servant is not an idle formality but same is a mandatory requirement of law.
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Sanction for prosecution of public servant – Section 197 Cr.P.C. does not extend its protective cover to every act or omission of a public servant while in service – It is restricted to only those ac....
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