Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s. 197 - Sanction c for prosecution of public servants - Requirement of - Allegation of unauthorized and illegal transfer of plot against appellant and others-public servants - Registration of criminal case u/s.120-8 /PC rlw ss.13(1)(d) 13(2) of the 198e Act against the appellants and others and thereafter filing of D charge-sheet- Order of the Special Judge taking cognizance and issuance of summons-Application by appellant seeking quashing of the entire procee |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s. 197 - Sanction for prosecution of public servants - Requirement of -Allegation of unauthorized and illegal transfer of plot againstappellant and others-public servants - Registration ofcriminal case u/s.120-8 /PC rlw ss.13(1)(d), 13(2) of the 1988Act against the appellants and others and thereafter, filing of charge-sheet- Order of the Special Judge taking cognizanceand issuance of summons-Application by appellant seekingquashing of the entire proceedings-Dismissal by High Court- On appeal, held: For the purpose of obtaining previoussanction from the appropriate ·government u/s. 197, it is imperative that the alleged offence is committed in dischargeof official duty by the accused - On facts, FIR and charge-sheet both contain references to the allegations made againstthe appellants and others, that they entered into a criminalconspiracy by abusing their official positions as public servants and illegally transferred the plot and obtained anundue pecuniary advantage, which is an offence u/s. 13(1 )(d)of the 1988 Act and s. 1208 /PC- Thus, s. 197 applicable tothe facts of the case - Previous sanction of the CentralGovernment was required to prosecute them for the same - Proceedings taking cognizance and issuing summons toappellant by Special Judge in absence of previous sanctionto prosecute them, quashed - Penal Code, 1860 - s. 120-8- Prevention of Corruption Act, 1988 - ss. 13(1 )(d), 13(2). |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 844 |
Petitioner | Prof. N. K. Ganguly |
Respondent | Cbi New Delhi |
SCR | [2015] 10 S.C.R. 192 |
Judgement Date | 2015-11-19 |
Case Number | 798 |
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