Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973- ss.5 and 197 - Protection uls. 197 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 — ss.5 and 197 — Protection u/s.197 — To public servants — For prosecution u/ s. 48 of the Water (Prevention and Control of Pollution) Act, 1974 — Availability of — Held: The statutory prescription contained in s.48 of 1974 Act, is in conflict with s.197 Cr PC. and hence protection u/s. 197 Cr.P-C. is not available to public servants — Since there is no specific provision under 1974 Act, providing for securing sanction before proceeding, in view of s.5 Cr.P-C. also protection u/s. 197 is not available — Water (Prevention and Control of Pollution) Act, 1974 — s.48. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2015 INSC 968 |
Petitioner | V.c. Chinnappagoudar |
Respondent | Karnataka State Pollution Control Board & 8 :.~.. Anr. |
SCR | [2015] 3 S.C.R. 652 |
Judgement Date | 2015-03-10 |
Case Number | 755 |
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