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2013 Supreme(Gau) 325

BIPLAB KUMAR SHARMA
Subhamoy Gupta – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Ms. M. Hazarika, Sr. Adv, Mr. M.K. Choudhury, Sr. Adv., Mr. P. Pathak, Sr. Adv., Mr. K.P. Sharma, Sr. Adv., Mr. H.R.A. Choudhury, Sr. Adv., Mr. P.K. Goswami, Sr. Adv., Mr. K. Agarwal, Adv., Mr. S. Bhattacharjee, Adv., Mr. D. Das, Adv., Mr. B.M. Choudhury, Adv., Mr. T.J. Mahanta, Adv., Ms. K. Devi, Adv., Mr. A.M. Bora, Adv., Mr. A. Chowdhury, Adv., Mr. S.K. Talukdar, Adv., Mr. J.M.A. Choudhury, Adv., Mr. N.N.B. Choudhury, Adv., Mr. A.I. Uddin, Adv., Mr. D. Talukdar, Adv. and Mr. P. Kataki, Adv.
For Respondents/Defendant: Mr. K.N. Choudhury, Sr. AAG and Mr. Z. Kamar, PP

JUDGMENT

Biplab Kumar Sharma, J.

1. This batch of criminal petitions under Section 482 read with section 401 and 397 of the Code of Criminal Procedure, pertaining to prosecution sanction as envisaged under Section 197 of the Cr.P.C., 1973 and Section 19 of the Prevention of Corruption Act (P.C. Act), 1988 have been heard analogously and are being disposed of by this common judgment and order. It will be appropriate at this stage to refer to the said provisions:

197. Prosecution of Judges and public servants.-

(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-

(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;

(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged off






































































































































































































































































































































































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