Supreme Court · 2024 INSC 42 · Decided 17 January 2024

Shadakshari v. State of Karnataka & ANR.

Court
Supreme Court of India
Citation
2024 INSC 42 · [2024] 1 S.C.R. 429
Case number
CRIMINAL APPEAL No. 256/2024
Decided
17 January 2024
Bench
ABHAY S. OKA, UJJAL BHUYAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 197, 482

Headnote

Whether sanction u/s. 197 Cr.P.C. is required to prosecute respondent No. 2 who faces accusation amongst others of creating fake documents by misusing his official position as a Village Accountant, thus a public servant. The competent authority has declined to grant held that in the absence of such sanction, respondent No. 2 cannot be prosecuted and consequently has quashed the complaint as well as the chargesheet, giving liberty to the appellant to assail denial of sanction to prosecute respondent No. 2 in an appropriate proceeding, if so advised.

Search related judgments

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)