Section 197 CrPC Archives

Read why Allahabad HC set aside CJM’s order taking cognizance of criminal conspiracy against Development Officer and SP in Public Toilet Scam

“Merely because the accused persons were holding some office, they cannot be tried for commission of any offence without any specific allegation of commission of any act on their part make out the ingredients of the offence.”

Case Briefs High Courts

Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

It was contended on part of the State that since the complaint was filed by the Court itself, no sanction under Section 197 of CrPC was required.

Case Briefs Supreme Court

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed

Case Briefs High Courts

All HC | Cognizance taken in a criminal case after taking extraneous material into consideration, is against the law and not sustainable

Allahabad High Court: Om Prakash-VII, J. allowed the application filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing

Case Briefs High Courts

Ori HC | Court should not take cognizance if the act complained of appears to have inseparable nexus with discharge of official duty

Orissa High Court: The Bench of Dr A. K. Mishra, J., allowed a petition filed to quash the order passed taking cognizance