AI Overview...
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Conspiracy to Murder - The evidence indicates that accused Nos. 1, 2, 5, 6, and 8 conspired to commit murder, with circumstances sufficient to establish their involvement. The incident was reported immediately after the crime, and suspicion was directed towards accused Nos. 1 and 2 based on the FIR and evidence Rajendra S/o. Babaji Bhor VS State of Maharashtra - Bombay.
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Role of Public Servants & Sanction Requirement - Several sources emphasize the importance of obtaining prior sanction under Section 197 of Cr.P.C. before prosecuting public servants for acts connected to their official duties. Lack of such sanction can bar prosecution, as seen in cases involving officials accused of murder or related offenses Aniruddh Singh VS State of U. P. - Allahabad, BRIJ RAJ MEENA VS STATE OF UTTAR PRADESH - Allahabad, Daya Nand VS Kashmir Singh - Punjab and Haryana.
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Murder and Official Duty - In cases where murder is alleged to be linked to official duties, courts scrutinize whether the act was connected to the official capacity. If the act is purely criminal without nexus to official duties, sanction under Section 197 is required, and absence of sanction can lead to dismissal of prosecution BRIJ RAJ MEENA VS STATE OF UTTAR PRADESH - Allahabad, [SAKUNTALA
VS STATE OF U P -
Allahabad](https://supremetoday.ai/doc/judgement/02500043428).
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Dying Declaration & Credibility - The credibility of dying declarations plays a crucial role in murder cases. Voluntary and credible dying statements have been pivotal in establishing guilt, as seen in one case where the declaration was deemed trustworthy RAMESH @ RAJA BABU VS STATE OF U. P. - Allahabad.
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Legal Proceedings & Judicial Review - Courts have dismissed petitions challenging prosecution on grounds of lack of sanction or procedural flaws, reaffirming the necessity of compliance with legal procedures, especially regarding official acts and the requirement for prior sanction Om Prakash Yadav VS Niranjan Kumar Upadhyay - Supreme Court, KARAN YADAV VS UNION OF INDIA - Allahabad.
Analysis and Conclusion:
The summarized sources collectively highlight that in murder cases involving public officials or acts linked to official duties, obtaining proper sanction under Section 197 Cr.P.C. is mandatory. Failure to do so can invalidate prosecution efforts. In cases of conspiracy or direct involvement in murder, evidence such as FIR details, witness testimonies, and dying declarations are critical in establishing guilt. Courts consistently reinforce adherence to procedural safeguards to ensure that prosecutions are legally sound and not vexatious.
Search Results for "Om Prakash Yadav 197 Crpc Murder"
2020 0 Supreme(Bom) 330 • India - Bombay
T.V.NALAWADE, M.G.SEWLIKAR
The aforesaid circumstances are more than sufficient to prove that accused Nos. 1, 2, 5, 6 and 8 had hatched the conspiracy of murder ... The bond of Rs.15,000/- as provided under section 437-A of Cr.P.C. be obtained from him. ... The aforesaid incident is described in F.I.R. and the suspicion was expressed against accused Nos. 1 and 2 as the persons behind the murder of Prakash. 9. ... The evidence already discussed shows that within no time of commission of offence, even before registration of the crime, there was susp....
2021 0 Supreme(All) 1177 • India - Allahabad
SADHNA RANI THAKUR
complainant - When complainant asked them not to do so, then Ram Kishun being provoked exhorted his sons and his brother-in-law to commit murder ... Cr.P.C. ... Procedure Code, 1973 - Section 156(3), 197, 200 and 202 – threatened and Assault – Criminal Intimidation - Intention of causing ... The sanction under section 197 Cr.P.C. has also not been sought for. ... The present appeal has been filed by the appellants namely, Aniruddh Singh and Ram Darash Yadav against the judgment and ord....
2000 0 Supreme(All) 11 • India - Allahabad
B.K.RATHI
Police Regulations and the requirement of sanction under Section 197, Cr. P. C. ... The court also considered the applicability of Section 197, Cr. P. C. to the petitioner's actions. ... Additionally, the court held that the prosecution was barred for want of sanction under Section 197, Cr. P. C. ... That this is a cold blooded murder which has no nexus between the act and the official duties and therefore, sanction under Section 197 cr. P.....
2025 1 Supreme 606 • India - Supreme Court
MANOJ MISRA, J. B. PARDIWALA
Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Murder, attempt to murder, disappearance ... (A) Criminal Procedure Code, 1973 – Section 197 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 218] ... (Paras 53, 54, 57 and 58) (B) Criminal Procedure Code, 1973 – Section 197 [Bharatiya Nagarik Suraksha Sanhita ... Rambaran Yadav under Section 147, 148, 149, 307, 302, 201, 120B IPC with regard to give cooperation in the co....
2016 0 Supreme(All) 486 • India - Allahabad
SHASHI KANT GUPTA, K.J.THAKER
(Indian) Penal Code, 1860—Section 302/34—Murder—Conviction—Dying declaration was voluntarily made which was credible and on which ... —Heard Mr.Satya Prakash, learned counsel for the appellants and Mr.Rajiv Gupta, Mr.Ramyash Pandey, Mr.Rahul Asthana and Mr.S.N Tripathi, learned A.G.A for the State. ... 2. ... Ram Sagar Yadav, reported and discussed in the case of Krishan v. ... In the night, i.e. to say, about an hour before the murder, turned them out from their house, after hurling a number of abuses to them, before G....
1993 0 Supreme(SC) 1189 • India - Supreme Court
P.B.SAWANT, N.M.KASLIWAL
Criminal procedure Code - Section 197 - Indian Penal Code - - Section 302 - Injuries on the person – Bank ... - Immediately on receipt of sanction for prosecution in respect of A-1 to A-6 Under section 197 Cr.P.C. charge-sheet in the court ... all the details is being forwarded to the Competent Authority for granting sanction for prosecution of A-1 to A-6 Under section 197 ... Investigation also revealed that Shri Joginder Kumar had reported in the Police Station Model Town, Delhi at about 6.P.M. on 21.....
2003 0 Supreme(All) 1066 • India - Allahabad
RATANAKAR DASH
Murder - Official Duty - Section 197 Cr. P. C. - [Section 197 Cr. P. ... It is alleged that there was bad blood between the deceased and Swami Nath Yadav and others. On the date of incident Swami Nath Yadav and others committed murder of the deceased and threw his dead body inside a well in order to screen the offence. ... Application in the High Court for quashing the order of the Magistrate inter alia on the ground that sanction under Section #HL_....
2000 0 Supreme(All) 595 • India - Allahabad
I.M.QUDDUSI
Fact of the Case: The petitioners were accused of murder and other offenses. ... The Court dismissed the petitions filed by Karan Yadav, Jitendra Singh Yadav, and Maharaj Singh. ... to take cognizance of the offence based on the following: - The Magistrate was appointed under Section 11(1-A) and (2) of the Code ... One day prior to the murder of M. S. Bhatti and Udai Prakash Arya i. e. on 12-9-92 accused Pala alias Lakkad. Jaipal Gujjar, Maharaj Singh and Karan Yadav#HL....
2023 0 Supreme(Pat) 1330 • India - Patna
SANDEEP KUMAR
under the IPC, claiming that the complaint was filed as a retaliatory measure after the arrest of the complainant's husband in a murder ... SANCTION - Cognizance of Offences - Sections 197 of CrPC, Sections 352/365/368/346/354/354A/354B/120B of ... IPC - The court emphasized the necessity of prior sanction under Section 197 of the CrPC for prosecuting public servants for acts ... In Om Prakash vs. ... It is an admitted position that the husband of the complainant is an accused in the s....
1997 0 Supreme(P&H) 697 • India - Punjab and Haryana
V.S.AGGARWAL
CRIMINAL PROCEDURE CODE - SECTION 197 - SANCTION FOR PROSECUTION - PUBLIC SERVANT - ACT MUST BE CONNECTED WITH DISCHARGE OF OFFICIAL ... The petitioner argued that he was acting in discharge of his official duties and that sanction to prosecute under Section 197 Cr.P.C ... The court relied on the following principles: * The object of Section 197 Cr.P.C. is to guard against vexatious prosecutions and ... In construing Section 197, Cr.P.C., therefore,....
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