Supreme Court · 2015 INSC 1020 · Decided 10 September 2015
DR. (SMT.) Manorama Tiwari and Others v. Surendra Nath Rai
- Court
- Supreme Court of India
- Citation
- 2015 INSC 1020 · [2015] 9 S.C.R. 436
- Case number
- CRIMINAL APPEAL No. 1193/2015
- Decided
- 10 September 2015
- Bench
- DIPAK MISRA, PRAFULLA C. PANT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304A; CrPC Section 197
Headnote
Code of Criminal Procedure, 1973 - s. 197 - C Prosecution of judges and public servant - Sanction from the Government - Requirement of - Appellants-Medical Officers in govemment hospital performed surgery on the patient in the government hospital, however, the patient died - Criminal complaint the D magistrate alleging commission of murder against the appellants-Application u/s. 197 by the appellants alleging that the prosecution against them not maintainable without sanction uls. 197 - Rejection of. by the magistrate as also ·the High Court - On appeal, held: It is a clear case
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