Supreme Court · 2013 INSC 831 · Decided 12 December 2013
Fakhruzamma v. State of Jharkhand & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 831 · [2013] 12 S.C.R. 824
- Case number
- CRIMINAL APPEAL No. 2086/2013
- Decided
- 12 December 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 456, 323, 504, 506, 342, 386, 201, 1208; CrPC Section 197, 482
Headnote
Code of Criminal Procedure, 1973: c s. 197 - Previous sanction for prosecution of public servant- Held: s.197 clearly indicates that previous sanction is required for prosecuting only such public servants who could be removed by sanction of the Government - Clauses (a) and (b) of r.825 of on the Inspector General of Police or the Deputy Inspector General of Police to pass orders for removal of police officers up to the rank of Inspector, without obtaining prior approval of State Government - High Court has rightly held that since the competent authority had removed the appellant
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