Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ASHWIN D.BHOBE
Parmanand Dashrath Nikumbh – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. deceased complainant deleted without legal heir substitution. (Para 1 , 2) |
| 2. petition challenges 156(3) order directing public servant fir. (Para 3 , 4) |
| 3. sanction required before 156(3) or fir against public servant. (Para 5 , 6 , 7) |
| 4. sections 197 crpc and 19 pc act mandate prior sanction. (Para 8 , 9) |
| 5. debashish chakrabarty requires sanction before 156(3) order. (Para 10) |
| 6. absence of sanction invalidates 156(3) order and fir. (Para 11 , 12 , 13) |
| 7. writ petition allowed; impugned order and fir quashed. (Para 14 , 15 , 16) |
JUDGMENT :
ASHWIN D. BHOBE, J.
1. Heard Mr. Shobhit Shukla, learned Advocate for the Petitioner and Ms. Pallavi Dabholkar, learned APP for Respondent No. 1-State.
2. Mr. Shobhit Shukla, learned Advocate for the Petitioner, states that Respondent No.2 was the Complainant. He submits that the Respondent passed away on 1st February 2022. He submits that, upon his demise, no rights would devolve to his legal representatives therefore, he submits that there is no need to substitute any legal representative of Respondent No.2. He seeks leave to delete Respondent No.2. He mentions that during the lifetime of Respondent No.2, he had filed an Application
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....
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
