Sanction is mandatory prerequisite even when an additional Accused is added under Section 319CrPC [Read Judgment]
8 years, 8 months ago

Sanction is mandatory prerequisite even when an additional Accused is added under Section 319CrPC [Read Judgment]

Live Law  

The Supreme Court in SURINDERJIT SINGH MAND VS. STATE OF PUNJAB has held that protection of ‘sanction’under Section 197 of the Criminal Procedure Code is not available to police officers accused of illegal detention and offences committed during the period before the formal-arrest is recorded.Reiterating the settled law that Courts cannot take cognizance of the complaints against the. The Supreme Court in SURINDERJIT SINGH MAND VS. STATE OF PUNJAB has held that protection of ‘sanction’under Section 197 of the Criminal Procedure Code is not available to police officers accused of illegal detention and offences committed during the period before the formal-arrest is recorded. OFFENCES COMMITTED DURING ILLEGAL DETENTION DOES NOT REQUIRE ‘SANCTION’ The contention raised by the appellants was that even if it was assumed that Neeraj Kumar had been detained with effect from 24.06.1999, his detention by the appellants was “while acting or purporting to act” in the discharge of the appellants’ official duties and as such, the Chief Judicial Magistrate, could not have taken cognizance, without sanction under Section 197 of the ‘Code’. We therefore hereby, endorse the conclusions drawn by the High Court, to the above effect.” SANCTION IS MANDATORY PRE REQUISITE EVEN IF COGNIZANCE IS TAKEN UNDER SECTION 319 CRPC Addressing the other contention of the respondents that that where cognizance is taken under Section 319 of the ‘Code’, sanction either under Section 197 of the ‘Code’ is not a mandatory pre-requisite, the court further observed : The law declared by this Court emerging from the judgments referred to hereinabove, leaves no room for any doubt, that under Section 197 of the ‘Code’ and/or sanction mandated under a special statute would be a necessary pre-requisite, before a Court of competent jurisdiction, takes cognizance of an offence.

Court Detention Sanction Accused Period Neeraj Act Kumar Code Police Officers Section 319 Illegal Detention Cognizance Section 197 Neeraj Kumar 197  additional  detention  prerequisite  kumar  judgment  cognizance  319crpc  mandatory  accused  period  added  act  read  sanction  code  neeraj  court  197

History of this topic

[Maharashtra Protection Of Depositors Act] Seriousness Of Accusation No Reason To Deny Bail To Undertrial If Half Sentence Served: High Court
2 years, 5 months ago

[Maharashtra Protection Of Depositors Act] Seriousness Of Accusation No Reason To Deny Bail To Undertrial If Half Sentence Served: High Court

Live Law  

The Bombay High Court granted bail to a businessman accused of duping investors of crores of rupees under the Maharashtra Protection of Interest of Depositors Act, 1999, observing that gravity of his offence cannot be a reason to deny him benefit of section 436-A of the CrPC. Relying on SC's judgement in Satender Kumar Antil Vs. Central Bureau of Investigation …

Got sanction to prosecute NCP's Anil Deshmukh in corruption case: CBI tells court
2 years, 5 months ago

Got sanction to prosecute NCP's Anil Deshmukh in corruption case: CBI tells court

India Today  

The Central Bureau of Investigation on Thursday told a special court in Mumbai that it has obtained the sanction from the Maharashtra government to prosecute Anil Deshmukh in a corruption case. The agency has filed an application before the trial court of Special CBI Judge SH Gwalani seeking leave to submit the sanction for prosecution. Deshmukh, former state home minister …

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates
3 years ago

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates

Live Law  

The Andhra Pradesh High Court has directed the State Judicial Magistrates to record their satisfaction before authorizing the detention, in the exercise of powers under Section 167 Cr.P.C., and that they must apply their mind objectively in the obtaining facts of the case and pass a reasoned order.The Bench of Chief Justice Prashant Kumar Mishra and Justice A. V. Sesha …

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi
4 years, 1 month ago

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi

Live Law  

The Karnataka High Court has directed a Magistrate to consider afresh the criminal complaints against Union Minister Anant Kumar Hegde and BJP MLA CT Ravi over the statements made by them in the context of Tipu Jayanti celebrations in 2017. Secondly the court observed that "The sole ground on which the Trial Court has dismissed the complaint is that the …

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 6 months ago

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]

Live Law  

In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.The Court was considering three revision petitions filed by Roopesh challenging the orders of the Sessions. In …

Request for sanction to prosecute Kanhaiya, others pending before Delhi govt: Police tells court
5 years, 6 months ago

Request for sanction to prosecute Kanhaiya, others pending before Delhi govt: Police tells court

India TV News  

The request for sanction to prosecute former-JNU Students' Union President Kanhaiya Kumar and others is pending before the Home Department of the Delhi government, the city police told a court here. On January 14, the police had filed a charge sheet in the court against Kumar and others, including former JNU students Umar Khalid and Anirban Bhattacharya, saying they were …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]
8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

Live Law  

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC
9 years, 7 months ago

Trial of Public Servant with Invalid Sanction is Null and void and Non-est; Second Trial is permissible with Valid Sanction: SC

Live Law  

A Supreme Court Bench comprising Justice T.S. Thakur and Justice Amitava Roy, in a recent decision in the case of Nanjappa v. State of Karnataka has held that a Trial of Public Servant with Invalid Sanction is Null and void and Non-est. In such cases, second Trial is permissible with Valid Sanction.The Court was hearing an Appeal filed against a …

High Court drops certain charges against Lalu, upholds CBI plea to continue proceedings
10 years, 4 months ago

High Court drops certain charges against Lalu, upholds CBI plea to continue proceedings

India TV News  

Ranchi: The Jharkhand High Court today upheld the CBI plea to continue proceedings in the trial court against former Bihar chief minister Lalu Prasad under two sections while dropping other charges on the ground that a person cannot be tried twice for the same offence. The charges are in connection with RC 64A/96 pertaining to fraudulent withdrawal of Rs 96 …

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]
10 years, 8 months ago

Breaking ; No Automatic Arrest in 498-A Cases, SC Issues Strict guidelines to Police and Magistrates, Non Compliance will Attract Disciplinary & Contempt Proceedings [Read the Judgment]

Live Law  

The Supreme Court, has delivered a much awaited judgment by the common man. If the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention and release the accused. In other words, when an accused is produced before the Magistrate, the police officer …

Discover Related