Supreme Court · 2016 INSC 340 · Decided 26 April 2016

Amal Kumar J Ha v. State of Chhatisgarh & ANR.

Court
Supreme Court of India
Citation
2016 INSC 340 · [2016] 2 S.C.R. 1060
Case number
CRIMINAL APPEAL No. 396/2016
Decided
26 April 2016
Bench
V. GOPALA GOWDA, ARUN MISHRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 304; CrPC Section 17, 197, 197(1), 482

Headnote

Code of Criminal Procedure, 197 3 - ss. 17 3 and ./82 - Protection from prosecution without sanction - Availability of - Prosecution of doctor-in-charge of Primary Health Centre - u!s. 30./A !PC - Alleging him for not providing Government Vehicle for shifting the patient from Primary Health Centre u!s . ./82 for quashing the criminal proceedings on the ground that he could not have been prosecuted without sanction uls. 197 - Dismissed - On appeal, held: The act of the accused was D intrinsically concerned with discharge of his official duty - Hence protection u!s. 197 from

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