Supreme Court · 2008 INSC 361 · Decided 13 March 2008
P.K. Choudhury v. Commander, 48 Brtf (Gref)
- Court
- Supreme Court of India
- Citation
- 2008 INSC 361 · [2008] 4 S.C.R. 976
- Case number
- CRIMINAL APPEAL No. 480/2008
- Decided
- 13 March 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 166, 167; CrPC Section 190, 482, 197, 468; Prevention of Corruption Act
Headnote
Code of Criminal Procedure, 1973: s. 190 - Delay in filing complaint petition - Not condoned C - Cognizance of offence after expiry of period of /imitation - Held: Is bad in law - Penal Code, 1860 - ss. 166, 167. s. 197 - Sanction under - Requirement of - Commission of offence under ss. 166 and - Cognizance of, without obtaining sanction of competent authority - Held: Is bad in law - Penal Code, 1860 - SS. 166, 167. The prosecution case was that during the relevant period, the appellant was a member of Armed Forces. He E committed offences under ss. 166 and 167 IPC during the period
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