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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Narendra Ramkrishan Barde – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. writ petition challenges s.156(3) order and fir. (Para 1 , 2 , 3) |
| 2. parties argue necessity of prior sanction. (Para 4 , 5 , 6 , 7 , 8) |
| 3. issue: sanction required before s.156(3) or fir. (Para 9 , 10) |
| 4. sanction u/s 197 crpc, s19 pc act protects officials. (Para 11) |
| 5. petitioner public servant acted in official duty. (Para 12) |
| 6. precedent mandates sanction before s.156(3) investigation. (Para 13) |
| 7. absence of sanction voids order and fir. (Para 14 , 15 , 16) |
| 8. alternative remedy via high power committee available. (Para 17 , 18) |
| 9. petition allowed; impugned actions quashed. (Para 19 , 20 , 21) |
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
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....
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