Supreme Court · 2003 INSC 697 · Decided 9 December 2003
State of H.P. v. M.P. Gupta
- Court
- Supreme Court of India
- Citation
- 2003 INSC 697 · [2003] SUPP. 6 S.C.R. 541
- Case number
- CRIMINAL APPEAL No. 339/1997
- Decided
- 9 December 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120, 5(2)(1)(d), 5(2)(l)(d); CrPC Section 197; Prevention of Corruption Act Section 13(1)(d), 5(2)(1)(d)
Headnote
B Criminal Procedure Code, 1973-Section 197-Penal Code, 1860- Sections 120-B, 420, 511, 467, 4.58 and 471-Criminal proceedings initiated against Public Servant for commission of offences-Necessity of requisite sanction of an appropriate authority-Held, Section 197 Cr. PC C does not extend its to only those acts or omissions which are done by a public servant in discharge of official duty-Official duty implies that the act or omission must have been done by the public servant in the course of his service and such act or D omission must have been performed as part of duty which
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