Supreme Court · 2006 INSC 3 · Decided 3 January 2006

Rakesh Kumar Mishra v. The State of Bihar and ORS.

Court
Supreme Court of India
Citation
2006 INSC 3 · [2006] 1 S.C.R. 124
Case number
CRIMINAL APPEAL No. 12/2006
Decided
3 January 2006
Bench
ARIJIT PASAYAT, G.P. MATHUR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 1208, 342, 389, 469, 471; CrPC Section 197, 482, 100(4)

Headnote

Code of Criminal Procedure, 1973-Sectiun 197: Prosecution of public servant-Need for prior sanction---Scope and ambit C of protection under S.197 Cr PC-Held: If it is prim a facie found that the act or omission for which the public servant was charged had reasonable connection with discharxe of cannot be disputed-But no universal rule to determine whether there is u reasonable connection between the act D done and the official duty. Protection under S.197 C'rPC - Is available even in cases where a retired public servant is sought to be prosecuted. Commission of dacoity -Residence of

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