Supreme Court · 2019 INSC 602 · Decided 30 April 2019
S. K. Miglani v. State NCT of Delhi
- Court
- Supreme Court of India
- Citation
- 2019 INSC 602 · [2019] 6 S.C.R. 1158
- Case number
- CRIMINAL APPEAL No. 744/2019
- Decided
- 30 April 2019
- Bench
- ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 197, 482
Headnote
Code of Criminal Procedure, 1973: ss. 197 and 482 - Employee of Nationalized Bank charged u/ss. 201, 409, 419, 420, 467, 468, 471, 120-B of IPC - Application by accused seeking his discharge on the ground of non-compliance of s. 197 i.e. failure to seek sanction for Application dismissed by Chief Metropolitan Magistrate (CMM) - Upheld by High Court in petition u/s. 482 - On appeal, held: Employee, being not a public servant removable from his office saved by or with the sanction of the Government, s. 197 was not applicable - However, it was
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