Supreme Court · 2009 INSC 669 · Decided 5 May 2009
State of U.P. v. Paras Nath Singh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 669 · [2009] 8 S.C.R. 85
- Case number
- CRIMINAL APPEAL No. 499/2004
- Decided
- 5 May 2009
- Bench
- ARIJIT PASAYAT, D.K. JAIN, MUKUNDAKAM SHARMA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 409, 468; CrPC Section 197, 313
Headnote
Code of Criminal Procedure; 1973 - s.197 - Sanction for prosecution - Scope of - Held: The provision is applicable c to act or omission in discharge of official duty and not to every act or omission of public servant in service - Once act or omission found to be in discharge of official duty, the liberal and wide construction - Every offence committed by public servant does not require sanction for D prosecution. Penal Code, 1860 - ss. 409 and 468 - Conviction by trial cowt - Acquittal by appellate court - High Court refusing to grant leave to appeal - On appeal, held: Acquittal on the
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