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.
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