Supreme Court · 2006 INSC 964 · Decided 6 December 2006
K.KARUNAKARAN v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2006 INSC 964 · [2006] SUPP. 10 S.C.R. 283
- Case number
- CRIMINAL APPEAL No. 801/2003
- Decided
- 6 December 2006
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 197, 321
Headnote
Code of Criminal Procedure, 1973-Section 197-Prosecution without Sanction-Challenged-High Court holding sanction not necessary since A B the person was not holding the office when cognizance was taken-Additional C a/legation of victimization by prosecution due to ma/a fides and political rivalry date of taking cognizance justified-Since the additional facts regarding allegation of mala fides not brought to the notice of High Court, direction to High Court to consider the plea relating to malafides. Cognizance of an offence was taken against the appellant and he was prosecuted. The same
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)