requirement of obtaining consent in writing of the Advocate-General for making motion by any person is mandatory

Criminal Appeal Nos. 149-150 of 1997 with Cri. A. Nos. 168 and 169 of 1997, decided on 29/11/2004

https://indiankanoon.org/doc/418518/

https://www.legitquest.com/case/bal-thackrey-v-harish-pimpalkhute/C1

https://www.casemine.com/judgement/in/5609ae06e4b0149711412bb4

 

Judgement

Bench: Y.K. Sabharwal, D.M. Dharmadhikari, Tarun Chatterjee

 

It is well settled that the requirement of obtaining consent in writing of the Advocate-General for making motion by any person is mandatory. A motion under Section 15 not in conformity with the requirements of that Section is not maintainable. [State of Kerala v. M.S.Mani and Others[(2001) 8 SCC 82].