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M. NAGAPRASANNA
M. K. THAMMAIAH S/O KUSHALAPPA M. K. – Appellant
Versus
A. MOHAN KUMAR S/O LATE ASHWATHAIAH – Respondent
| Table of Content |
|---|
| 1. necessity of sanction for prosecuting public servants. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding the complaints. (Para 5 , 6 , 7) |
| 3. court's examination of legal requirements regarding prosecutorial sanction. (Para 8 , 14) |
| 4. probable applicability of the ratio decidendi based on existing judgments. (Para 9 , 11) |
| 5. final verdict regarding the obliteration of the cognizance. (Para 18) |
ORDER :
1. The petitioners 1 to 7 are before this Court calling in question an order dated 30-05-2024 passed by the XXIII Additional City Civil & Sessions Judge & Special Judge (Prevention of Corruption Act), Bengaluru in P.C.R. No. 11 of 2024, by which the Special Judge takes cognizance of the offences punishable under Sections 167 , 219, 384, 448, 465, 466, 468, 469, 471, 506, 511, 120B r/w Section 34 of the INDIAN PENAL CODE and under Section 13 of the Prevention of Corruption Act, 1988 (‘the Act’ for short) and issues summons to the petitioners.
2. Heard Sri C.V. Nagesh, learned senior counsel appearing for the petitioners and Sri Murthy D. Naik, learned senior counsel appearing for the respondent.
3. The facts adumbrated are as follows:
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
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....
(1) Sanction for prosecution of public servant – The provision must not be abused by public servants to camouflage commission of a crime under supposed colour of public office – While deciding issue ....
Protection under Section 197 of Cr.P.C. applies to public servants for acts done in discharge of official duties, barring prosecution without prior sanction.
Point of Law : High Court was absolutely right in setting aside the order of the Special Judge. Unlike Section 19 of the PC Act, the protection under Section 197 CrPC is available to the public serva....
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