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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