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AJOY KUMAR MUKHERJEE
Kanakendra Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. Being aggrieved by and dissatisfied with the order dated 24.10.2016 passed by Chief Judicial Magistrate, Cooch Behar and the initiation of the criminal proceeding being Kotwali Police Station Case No. 1303 of 2016 dated 04.12.2016 under sections 409/420/471/34 of the Indian Penal Code read with Section 13(1) (d) of the Prevention of Corruption Act and the charge sheet and subsequent orders passed thereto, present application under section 482 of the Code of Criminal Procedure (hereinafter called as Cr.P.C.) has been preferred, separately by 3 accused persons/petitioners herein, seeking quashing of said proceeding being CRR no, 522 of 2018, CRR 1683 of 2018 and CRR 1584 of 2018. Since issues involved in the all the three applications are almost same, all the aforesaid three applications are disposed of by this common order.
2. On 24.10.2016 one Shri Samrat Kundu filed a complaint under section 156 (3) of the Cr.P.C., against the petitioners and others alleging that the Government of West Bengal Department of Municipal Affair through their G.O. No. 185 (sanction)/ MA/P/C-10/IG-2/2015 dated 17.09.2013 sanctioned huge amount to the tune of Rs. 1,77,75, 000/-for different
The court emphasized that successive FIRs regarding the same incident are impermissible and quashed the FIR based on concealment of previous complaints and forum shopping, affirming the requirement o....
The court clarified that a Magistrate's discretion under Section 156(3) of the Cr.P.C. must be exercised judiciously, especially regarding public servants requiring prior sanction under Section 197.
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....
The central legal point established in the judgment is the requirement for prior sanction for prosecution of public servants under Section 197 Cr.P.C., and the necessity for specific allegations and ....
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