Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC
2 years, 6 months ago

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Live Law  

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no doubt that. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance. The High Court observed that in cases where, at an initial stage, the Court may not find it necessary to require sanction, but if at a later stage finds that the act of the public servant was in discharge of his official duty, appropriate directions for obtaining sanction can be given. "However, if the Court at the initial stage itself is satisfied that an act alleged against an accused is in the discharge of his official function, the requirement of sanction would get attracted immediately.

Court Duty Sanction Discharge Accused Official Public Sec Act Stage Crpc Section 197 Crpc Official Duty Section 197 197 Official Function No Legal Bar Later Stage  prosecution  official  court  unless  later  public  197  intricately  postponed  function  duty  stage  sanction  discharge  act  hc  accused

History of this topic

S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC
1 month, 1 week ago

S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC

Live Law  

The Delhi High Court has held that since Section 107 of the Central Goods and Services Tax Act, 2017 prescribes an “independent regime” to determine the limitation period for filing statutory appeals, the provision for condonation of delay under Section 5 of the Limitation Act stands excluded. Once it is found that the legislation incorporates a provision which creates a …

Delhi High Court clears public servant in negligence case, cites belated sanction
1 month, 2 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today  

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court
1 month, 3 weeks ago

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

Live Law  

The Delhi High Court has held that Section 129 of the Central Goods & Services Tax Act, 2017 which pertains to detention, seizure and release of goods while in transit cannot be invoked for imposing penalties for minor breaches, like incomplete e-way bill. A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that Section 129 cannot, …

After Initiation Of Moratorium U/S 14 Of IBC, No Assessment Proceedings Can Be Continued By EPFO: NCLAT
2 months, 1 week ago

After Initiation Of Moratorium U/S 14 Of IBC, No Assessment Proceedings Can Be Continued By EPFO: NCLAT

Live Law  

The NCLAT New Delhi Bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that after initiation of moratorium under Section 14, sub-section, no assessment proceedings can be continued by the EPFO. On the other hand it is the case of the respondent that no claim was filed by the Appellant before the Plan was approved …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 months ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court
3 months ago

S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court

Live Law  

The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. The bench comprising Justices BV Nagarathna and N Kotiswar Singh heard the criminal appeal filed by one Gurmeet Kaur, a District Town Planner against the High Court's refusal to quash the criminal case …

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench
3 months, 1 week ago

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench

Live Law  

A single bench of the Delhi High Court has referred the question of “whether charges under Section 174A of the IPC can be clubbed with charges under Sections 172-188 IPC and whether the court can proceed without a complaint under Section 195 of the Cr.PC”, to a larger bench for consideration. The appellant contended that in the absence of any …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
7 months, 3 weeks ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

NCLAT Delhi: Adjudicating Authority Can Extend Payment Timelines Under Resolution Plan Without Express Concurrence Of CoC
10 months ago

NCLAT Delhi: Adjudicating Authority Can Extend Payment Timelines Under Resolution Plan Without Express Concurrence Of CoC

Live Law  

The National Company Law Appellate Tribunal Delhi, comprising Justice Ashok Bhushan and Mr. Arun Baroka held that the Adjudicating Authority can extend payment timelines under the Resolution Plan without the express concurrence of the Committee of Creditors. NCLAT Verdict: The NCLAT New Delhi allowed the appeal and held that the Adjudicating Authority can extend payment timelines under the Resolution Plan …

Period Spent In Disposal Of Appeal Before CESTAT Shall Not Be Counted Towards Period Stipulated Under Section 28 (9) Of Customs Act: Delhi High Court
1 year, 1 month ago

Period Spent In Disposal Of Appeal Before CESTAT Shall Not Be Counted Towards Period Stipulated Under Section 28 (9) Of Customs Act: Delhi High Court

Live Law  

The Delhi High Court has held that the period spent in the disposal of the appeal before the CESTAT, i.e., between the filing and the final order being passed, shall not be counted towards the period stipulated under Section 28 of the Customs Act.The bench of Justice Sanjeev Sachdeva and Justice Ravinder Dudeja has observed that the Tribunal has already …

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court
1 year, 8 months ago

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court

Live Law  

The Bombay High Court has held that externing authority under the Maharashtra Police Act does not have any power to direct the police to approach the executive magistrate for a show cause notice under section 110 of the CrPC against a person. The court quashed an order passed by Deputy Commissioner of Police, Kherwadi, Mumbai, directing initiation of proceedings under …

Since CoC Is Re-Constituted Post Approval Of Plan, It Must Be Again Examined By The New CoC: NCLAT Delhi
1 year, 8 months ago

Since CoC Is Re-Constituted Post Approval Of Plan, It Must Be Again Examined By The New CoC: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan and Shri Naresh Salecha, while adjudicating an appeal filed in Dauphin Cables Pvt. Ltd. v Praveen Bansal Resolution Professional & Ors., has held that when the Committee of Creditors is re-constituted post approval of a resolution plan, due to recategorization of a creditor, then the approved …

Delhi High Court Condones Delay In Payments Under VSV Due To Covid and Death Of Managing Director
2 years, 4 months ago

Delhi High Court Condones Delay In Payments Under VSV Due To Covid and Death Of Managing Director

Live Law  

The Delhi High Court, while exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, has condoned the delay in payments under Direct Tax Vivad Se Vishwas due to COVID and the death of the managing director of the company.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the power to …

[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC
2 years, 4 months ago

[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC

Live Law  

Observing that closure of proceedings at an initial stage has not been appreciated, the Delhi High Court has said that even if it is found that the proceedings are vitiated in the absence of sanction under Section 197 CrPC, then court may direct the authority to take sanction and then proceed, instead of completely quashing the entire proceedings. Justice Yogesh …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 6 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Delhi HC Directs Speedy Disposal Of Cases For COVID Protocol Violations; Disapproves Police Issuing 41A Notices In Such Cases
2 years, 7 months ago

Delhi HC Directs Speedy Disposal Of Cases For COVID Protocol Violations; Disapproves Police Issuing 41A Notices In Such Cases

Live Law  

The Delhi High Court on Thursday observed that it would be appropriate for the Delhi police to take quick action in all the pending matters relating to violation of orders passed under the Disaster Management Act, 2005 by filing complaints as required under law before the appropriate court, adding that such courts ought to dispose of the matters without further …

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC
2 years, 9 months ago

Order XXI Rule 26 CPC | Court Not Bound To Decide Application For Stay Of Execution On First Day, Entitled To Seek Reply Of Decree Holder: Delhi HC

Live Law  

The Delhi High Court has observed that there is no mandate, in law or otherwise, requiring the executing court to decide the application under Order XXI Rule 26 of Code of Civil Procedure for stay of execution proceedings, on the very first day.Justice C Hari Shankar added that the Executing Court is entitled to call upon the Decree Holder to …

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court
2 years, 11 months ago

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court

Live Law  

The Delhi High Court has reiterated that only continuous and repeated acts of adultery or cohabitation in adultery would attract the rigours of the provision under Section 125 of the Code of Criminal Procedure. The Court noted that the law emanating from various precedents of the Supreme Court and various High Courts establishes the position of payment of maintenance holding …

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC
3 years, 1 month ago

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC

Live Law  

The Delhi High Court has refused to entertain a petition under Section 482 of the Code of Criminal Procedure 1973 for setting aside its own Judgment, citing the bar on review envisaged under Section 362 CrPC. Section 362 stipulates that no Court, when it has signed its Judgment or final order disposing of a case, shall alter or review the …

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court
3 years, 1 month ago

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court

Live Law  

In a case concerning illegal smuggling of gold by two Kazakh nationals, the Delhi High Court upheld the plea bargain reached between the Smuggler Respondent, Consul at the Kazakh Embassy, Air Customs Officer, and Senior SPP for the Customs Department vide Mutually Satisfactory Declaration. The Petitioner viz, Customs Department, Government of India appealed before the Delhi High Court against the …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
3 years, 1 month ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC
3 years, 2 months ago

Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC

Live Law  

The Delhi High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Section 125 of the Code of Criminal Procedure would be a material fact for execution of the said order of maintenance. material fact, hence, would be the presence of the person at the preferred jurisdiction …

Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters
3 years, 5 months ago

Delhi HC Issues Notice On Plea Seeking Declaration That National Commission For Scheduled Castes Has No Power To Interfere In Sub Judice Matters

Live Law  

The Delhi High Court has issued notice on a plea seeking a declaration that the National Commission for Scheduled Castes has no power to interfere in sub judice matters in terms of Rule 7.4.1 of the Rules of Procedure of the Commission.Justice Rekha Palli issued notice on the plea and granted four weeks' time to the Commission for filing a …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
3 years, 7 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law  

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13
3 years, 7 months ago

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13

Live Law  

The Delhi High Court has resolved to hear only urgent matters through video conferencing till August 13 in continuation with its earlier order dates June 28 According to the office order issued by the Registrar General dated July 22, it has been stated that the full court has resolved to continue with this mechanism.In its earlier order dated 28th June, …

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards
3 years, 8 months ago

"Inordinate Delay Would Frustrate Decree Holders From Reaping Benefits": Delhi High Court Modifies Guidelines For Expediting Execution Of Decrees, Awards

Live Law  

Observing that an inordinate delay would frustrate the decree holders from reaping benefits, the Delhi High Court has modified the guidelines issued by it with regards to the execution of decrees and awards by directing the lower courts to expedite the proceedings within one year of their institution. Execution proceedings instituted within two years of the decree/award The Court directed …

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave
3 years, 9 months ago

Delhi High Court Issues Notice In Plea Seeking Modification Of NCLAT's SOP By Allowing Only E-Filing In View Of Second Covid Wave

Live Law  

The Delhi High Court on Thursday issued notice in a plea seeking directions on the National Company Law Appellate Tribunal to modify its SOP dated January 3, 2021 by allowing only electronic filing in view of the prevalent situation amid second Covid wave.A single judge bench comprising of Justice Rekha Palli issued notice in the plea filed by Advocate. The …

'Any Obstruction In The Discharge of Constitutional Functions Of Courts Must Be Viewed Seriously', HC Directs Delhi Govt To Release Funds For Requirements Of District Courts [Read Order]
4 years, 4 months ago

'Any Obstruction In The Discharge of Constitutional Functions Of Courts Must Be Viewed Seriously', HC Directs Delhi Govt To Release Funds For Requirements Of District Courts [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to to start with releasing funds for purchasing 20% of the pool cars required by the District Courts within three months from today. While directing the Delhi Government to clear pending proposals to finance the District Courts, the Division Bench of Justice Hima Kohli and Justice Subramonium Prasad highlighted that: 'Despite the …

Delhi HC To Continue Restrictive Functioning Till Aug 31, Might Resume Partial Physical Functioning From Sep 1 Subject To Situation [Read Order]
4 years, 7 months ago

Delhi HC To Continue Restrictive Functioning Till Aug 31, Might Resume Partial Physical Functioning From Sep 1 Subject To Situation [Read Order]

Live Law  

The Delhi High Court has decided to continue with the current mode of restricted functioning in light of the ongoing COVID19 pandemic. As per the decision taken by the Administrative and Supervision Committee of the Delhi High Court, the restrictive functioning of the courts subordinate to the High Court will also be extended till August 31. It has also been …

Delhi HC issues Notice In A Plea Seeking BCI To Conduct All India Bar Exam Through Online Mode
4 years, 7 months ago

Delhi HC issues Notice In A Plea Seeking BCI To Conduct All India Bar Exam Through Online Mode

Live Law  

Delhi High Court has issued notice in a plea seeking a direction to be issued to the Bar Council of India to conduct the All India Bar Examination through online mode.The Single Bench of Justice Jayant Nath has issued notice to the Bar Council of India and will next take up the matter on September 23. However, by a. Delhi …

Delhi HC Directs Delhi Govt To Show Compliance With Its Own Regulations On Proper Disposal Of Bodies of COVID19 Victims [Read Order]
4 years, 9 months ago

Delhi HC Directs Delhi Govt To Show Compliance With Its Own Regulations On Proper Disposal Of Bodies of COVID19 Victims [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to file a status report highlighting the degree of compliance with its own guidelines on proper disposal of bodies of COVID19 patients. In the last hearing, the Delhi Government had informed the court that the highlighted situation arose due to the following unavoidable circumstances: Reduced capacity of Nigambodh Ghat to handle bodies, …

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]
4 years, 9 months ago

Delhi HC Suspends The Order of Controller General of Patents, Designs and Trademarks Which Had Directed For Filing of Documents and Fees By June 01 [Read Order]

Live Law  

Delhi High Court has suspended the operation of the May 18 order of the Controller General of Patents, Designs and Trademarks, which had directed litigants and advocates to complete various acts/proceedings, filing of any reply/document, payment of fees, etcetera in the matter of any intellectual property applications/actions by 01.06.2020. Challenging the said order, Senior Advocate Chander M Lall submitted that …

Functioning Of Delhi HC & Its Subordinate Courts To Remain Suspended Till May 23
4 years, 10 months ago

Functioning Of Delhi HC & Its Subordinate Courts To Remain Suspended Till May 23

Live Law  

The functioning of the Delhi High Court and its subordinate courts shall now remain suspended till May 23.During this period, the arrangements for mentioning and hearing of urgent matters by the High Court through videoconferencing shall continue as before. The subordinate courts will also continue to take up urgent matters related to bail, stay/injunction as per the directions already. The …

COVID-19 : Delhi HC Automatically Extends All Interim Orders, Including Those Passed By Subordinate Courts, Till May 15 [Read Order]
4 years, 11 months ago

COVID-19 : Delhi HC Automatically Extends All Interim Orders, Including Those Passed By Subordinate Courts, Till May 15 [Read Order]

Live Law  

In light of the nationwide lockdown declared by the Central Government, the Delhi High Court has directed that the interim orders passed by it and also the subordinate courts, that were subsisting as on March 16 and expired, or will expire thereafter will stand automatically extended till May 15.While taking the suo moto cognizance of the issues, a Full Bench …

Corona Pandemic: Admin Committee Of Delhi HC Issues Fresh Roster, Restricts The Functioning To Urgent Matters [Read Resolution]
5 years ago

Corona Pandemic: Admin Committee Of Delhi HC Issues Fresh Roster, Restricts The Functioning To Urgent Matters [Read Resolution]

Live Law  

Considering the issue of overcrowding in courts during the Corona pandemic, the Administrative and General Supervision Committee of the Delhi High Court has passed a resolution to restrict the functioning of the court. As per the new roster, the functioning of all the three jurisdictions - civil, criminal and original - have been restricted to the following schedule: On 17th …

Winding Up Order Is Not Irrevocable;Proceedings Can Be Transferred Later To NCLT Under IBC: Delhi HC [Read Judgment]
5 years, 5 months ago

Winding Up Order Is Not Irrevocable;Proceedings Can Be Transferred Later To NCLT Under IBC: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that a winding up order passed by a Company Judge is not irrevocable and the proceedings can be later transferred to NCLT under IBC if the same is in the interest of the company and the creditors. Ms Dhir also relied upon the judgment passed by the Supreme Court in Jaipur Metals & Electricals Employees …

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]
5 years, 9 months ago

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that a Magistrate cannot invoke Section 258 of the Criminal Procedure Code to stop proceedings merely because the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured. Justice Raja Vijayaraghavan V. observed thus while disposing suo motu revision petitions registered after it was brought to the …

Until Process Is Issued, A Person Against Whom FIR Is Sought To Be Registered Can’t Intervene Through An Application Under Sec.156(3) CrPC: Bombay HC [Read Judgment]
7 years, 1 month ago

Until Process Is Issued, A Person Against Whom FIR Is Sought To Be Registered Can’t Intervene Through An Application Under Sec.156(3) CrPC: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently quashed and set aside an order passed by a metropolitan magistrate wherein an intervention application filed by accused was allowed and held that unless process is issued, a person against whom an FIR is sought to be registered cannot intervene through such application under Section 156 of the CrPC.The application under Section 156 was filed …

If Sanction Is Granted On Same Facts, Then Court Has Power To Add/ Alter Charge: Calcutta HC [Read Judgment]
7 years, 9 months ago

If Sanction Is Granted On Same Facts, Then Court Has Power To Add/ Alter Charge: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has observed that if any sanction has been granted for prosecution on the same facts, the court has the power to add or alter the charge in respect of a specific offence, despite no specific sanction being there in respect of the offence for which charge is contemplated to be added/ altered.Justice Siddhartha Chattopadhya was dealing …

Delhi HC to examine law on sanction to try govt officials in sexual offence cases
7 years, 9 months ago

Delhi HC to examine law on sanction to try govt officials in sexual offence cases

India TV News  

Delhi HC to examine law on sanction to try govt officials in sexual offence cases The Delhi High Court has agreed to examine the constitutional validity of a law that provides no prior sanction to try public servants in sexual offence cases. The Delhi High Court has agreed to examine the constitutional validity of a law that came into being …

Delhi HC to examine CrPC amendment on sanction to try govt officials in sexual offence cases
7 years, 9 months ago

Delhi HC to examine CrPC amendment on sanction to try govt officials in sexual offence cases

Firstpost  

A serving police official has filed a PIL challenging the law that no prior sanction is needed to prosecute a public servant in sexual offence cases. New Delhi: The Delhi High Court has agreed to examine the constitutional validity of a law that was enacted following the outcry over the December 2012 gangrape case and provides that no prior sanction …

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials
9 years, 3 months ago

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Live Law  

Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be …

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials
9 years, 3 months ago

The Court should decide whether previous sanction (S.197 CrPC) is necessary or not, before taking Cognizance; SC quashes Criminal Proceedings against ICMR Officials

Live Law  

Since the allegations made against the Appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned Special Judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be …

Court asks CBI top brass to spell out action against erring officials
10 years, 4 months ago

Court asks CBI top brass to spell out action against erring officials

India TV News  

New Delhi: CBI Director Ranjit Sinha and other top officers of the agency have been directed by a Delhi court to furnish written explanations and file action taken reports against “erring officials” who did not follow the prescribed law in conducting searches in a corruption case. Special CBI Judge Gurvinder Pal Singh said despite clear directions to the officials to …

Delhi High Court asks police, why prohibitory orders imposed at India Gate
12 years, 2 months ago

Delhi High Court asks police, why prohibitory orders imposed at India Gate

India TV News  

New Delhi, Jan 8: The city police was asked today by the Delhi High Court to explain as to how a special executive magistrate can be vested with the power to impose prohibitory orders under section 144 of CrPC for up to six months despite the same being contrary to the fundamental rights of citizens. "You can't uniformly, just like …

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