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BOMBAY HIGH COURT
A.P. Lavande, J
Nandu Zambauliker v. Shrikant Naik and Another
| Table of Content |
|---|
| 1. facts surrounding the complaint and initial court order. (Para 1 , 2) |
| 2. nature of the alleged act and its relation to official duty. (Para 3) |
| 3. legal arguments on necessity of prosecution sanction. (Para 4 , 5) |
| 4. discussion and precedents about section 197 protections. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 5. the court's definitive ruling on the matter. (Para 13) |
| 6. final decision on the application. (Para 14) |
1. By this application under S.482, Criminal Procedure Code , the applicant has challenged the Order dated 21st March 1998 passed by the Sessions Judge, South Goa, Margao, in Criminal Revision Application No. 41 of 1997 setting aside the Order dated 8th July 1997 passed by the Judicial Magistrate, First Class, Margao, in Criminal Case No. 134 / P / 87 / I. The learned Magistrate rejected the application of respondent No. 1 for dismissing the complaint on the ground of want of sanction under S.197 of the Criminal Procedure Code . In revision, the learned Sessions Judge set aside that Order holding that sanction under S.197 of the Criminal Procedure Code was necessary for prosecuting respondent No. 1. The relevant facts necessary for the decision of this appli
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