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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Narendra Ramkrishan Barde – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Mr. Shirish Gupte learned Senior Advocate for the Petitioner, Mr. Diwakar Dwivedi learned Advocate for Respondent No. 2 and Ms. Pallavi Dabholkar, learned APP for Respondent No. 1-State.
2. By this Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereafter “Cr.P.C.”), the Petitioner assails the order dated 11th May 2005 ( hereafter “impugned order”) passed by the Special Judge, Sessions Court for Greater Mumbai (hereafter ‘Sessions Court’) in Private Complaint No.75 of 2005, by which the Sessions Court allowed the application filed by Respondent No.2 under Section 156(3) of Cr.P.C. and directed the Investigation Officer to register an FIR and the consequent FIR No.17/2005 registered with the Anti-Corruption Bureau, Mumbai (hereafter “impugned FIR”) for offences punishable under Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter “P. C. Act 1988”), and Sections 465, 468, 471, 420 read with Section 120 (B) read with Section 109 of the Indian Penal Code, 1860 (hereinafter “IPC”).
3. Rule in this Petition was issued on 18th December, 2006 and the Petitioner was se
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....
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....
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....
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....
The sanction contemplated in Section 197 of the Code concerns a public servant who is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge o....
It is well settled law that if a judgment is referred to a larger Bench, proposition of law so enunciated in judgment does not lose its efficacy and it continues to remain a binding precedent till ov....
Cognizance cannot be taken twice for the same offence, and prosecution sanction is mandatory for public servants under the Prevention of Corruption Act.
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