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Sanction for prosecution of public servant
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Knowledgebase Law and Legal Remedies - Litigation Process Criminal Cases and prosecution Prosecution Sanction for prosecution of public servant

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No sanction required if retired

That since accused Judges are retired, there is no protection available to them. [CBI Vs B.A. Srinivasan (2020) 2 SCC 153]
No santion required except in case of corruption

Constitution Bench in K. Veeraswami Vs Union of India (1991) 3 SCC 655 , had ruled as under; “ 55(…) It is not objectionable to initiate criminal proceedings against public servant before exhausting t...
necessity is not restrained by laws

In a case of the prosecution against Judge Hon’ble High Court in the case of Raman Lal Vs. State of Rajasthan 2000 SCC OnLine Raj 226 has ruled as under; “ A] Cri. P.C. Sec. 197 – Sanction for prosecu...
State Government to take appropriate action

Division Bench of Hon’ble Bombay High Court in Deelip Bhikaji Sonawane Vs. State 2003 (1)B.Cr.C. 727, where it is ruled as under; “10. So far as the respondent No. 2 is concerned, he is claiming prote...
Be you ever so high, the law is above you

In a case against Justice Nirmal Yadav, she was charge sheeted by CBI for accepting Rs. 10 Lakh bribe for passing an unlawful order. It isruled as under; “Hon’ble Supreme Court observed: Be you ever s...
Chargesof misuse of power for passing favourable order

In Shameet Mukharjee Vs CBI 2003-DRJ-70-327 it is ruled as under; ‘‘Cr. P.C. – Section 439 – Accused was a Judge of High Court – Arrested under section 120 – B, IPC r/w sec. 7,8,11,12,13 (1) of preven...
Sessions Judge

n K. Rama Reddy Vs. State 1998 (3) ALD 305 it is ruled as under; 68 “7. Though the report of the learned District and Sessions Judge at Karimnagar dated 30-10-1996 is a confidential one, as it was spe...
need of sanction for prosecution

14. Why there is need of sanction for prosecution? Under Section 19 of the Prevention of Corruption Act, 1988, it is necessary for the prosecuting authority to have the previous sanction of the approp...
private citizen can file a complaint for prosecution of a corrupt public servant

15. Whether a private citizen can file a complaint for prosecution of a corrupt public servant. As per the judgment dated 31 January 2012 of the Hon’ble Supreme Court in Civil appeal No 1193 of 2012 [...
procedure regarding issue of sanction for prosecution

What is the procedure regarding issue of sanction for prosecution? Latest guidelines on the subject were issued vide DoPT OM No. No.372/19/2012- AVD-III dated 3rd May, 2012. Following is the gist of t...
A complaint filed against a public servant cannot be forwarded without any sanction obtained.

A complaint filed against a public servant cannot be forwarded without any sanction obtained.2021 ICO 106High Court of KeralaDecided on 15-02-2021Justice R Narayana PisharadiShailaja PVs.Vigilance and...