Judgments - Prosecution Sanction
Sita Soren Versus Union of India
Special Police Establishment Thru. O.I.C. Santosh Singh Bhadoriya versus The State Of Madhya Pradesh
RAKESH KUMAR VERSUS STATE OF UTTAR PRADESH & ORS.
Parminder Kaur @ P.P. Kaur @ Soni Versus State of Punjab
VIVEK BATRA Vs. U.O.I & ORS
Having gone through the copy of note-sheets relating to sanction in question placed before us as part of rejoinder affidavit, it is evident that there had been proper application of mind on the part of the competent authority before the sanction was accorded. Our perusal of the said record does not indicate that any decision was taken by the competent authority, at any point of Full Judgment
L. NARAYANA SWAMY Vs. STATE OF KARNATAKA & ORS.
With this factual background, we advert to the questions of law that arise for consideration: (1) Whether an order directing further investigation under Section 156(3) of the Cr.P.C. can be passed in relation to public servant in the absence of valid sanction and contrary to the judgments of this Court in Anil Kumar & Ors. v. M.K. Aiyappa & Anr.[1] and Manharibhai Muljibhai Kakadia and Anr. v. Shaileshbhai Mohanbhai Patel and Ors.[2]? (2) Whether a Full Judgment
NANJAPPA Vs. STATE OF KARNATAKA
A plain reading of Section 19(1) (supra) leaves no manner of doubt that the same is couched in mandatory terms and forbids courts from taking cognizance of any offence punishable under Sections 7, 10, 11, 13 and 15 against public servants except with the previous sanction of the competent authority enumerated in clauses (a), (b) and (c) to sub-section (1) of Section 19. The provision contained Full Judgment
Manoj Kumar Dwivedi Vs State Of U.P. And Another
VINOD CHANDRA SEMWAL Vs. SPL.POLICE ESTABLISGHMENT UJJAIN
There is nothing on record to suggest that it was executed at the instance of the appellant. If the delegatee has not acted in terms of the delegated powers, we are of the view that the delegator cannot be held to be guilty for such execution of the exchange deed. Though for some other reasons, we are of the view that it was not a fit Full Judgment
SANJAYSINH RAMRAO CHAVAN Vs. DATTATRAY GULABRAO PHALKE & ANR
Whether the High Court is within its jurisdiction to direct the investigating officer to make a request for sanction for prosecution from the competent authority? Cognizance is taken prior to commencement of criminal proceedings. Taking of cognizance is thus a sine qua non or condition precedent for holding a valid trial. Cognizance is taken of an offence and not Full Judgment
P.L.Tatwal Vs State of Madhya Pradesh
The competent authority to give previous sanction is the authority competent to remove one from service. No doubt the appointing authority is the authority competent to remove him from service. The Statute is very clear that the authority competent to remove an officer from service is the authority to give sanction for prosecution. Full Judgment
Anil Kumar & Ors. Vs M.K. Aiyappa & Anr.
Sub-section (3) of Section 19 has an object to achieve, which applies in circumstances where a Special Judge has already rendered a finding, sentence or order. In such an event, it shall not be reversed or altered by a court Full Judgment
Sukhdev Singh Vs. State of Haryana
Kerala Financial Corporation Vs. C. G. Narayanan
DINESH KUMAR Versus CHAIRMAN, AIRPORT AUTHORITY OF INDIA AND ANOTHER
MANSUKHLAL VITHALDAS CHAUHAN Vs. STATE OF GUJARAT
From a perusal of Section 6, it would appear that the Central or the State Government or any other authority (depending upon the category of the public servant) has the right to consider the facts of each case and to decide whether that "public servant" is to be prosecuted or not. Since the Section clearly prohibits the Courts from taking cognizance of the offences specified therein, it envisages that Central or the State Government or the "other authority" has not Full Judgment
MOHD. IQBAL, AHMAD Vs. STATE OF ANDHRA PRADESH
Any case instituted without proper sanction must fail because this being a manifest defect in the prosecution, the entire proceedings are rendered void ab initio. The grant of sanction is not an idle formality but a solemn and sacrosanct act which affords protection to government servants against frivolous prosecutions and must therefore be strictly complied with before any prosecution could be launched against public servants. The presumption does not arise automatically but only on proof of certain circumstances that is to say, Full Judgment