Supreme Court · 2008 INSC 1009 · Decided 3 September 2008
State of West Bengal v. Shyamadas Banerjee & Another
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1009 · [2008] 12 S.C.R. 1210
- Case number
- CRIMINAL APPEAL No. 1395/2008
- Decided
- 3 September 2008
- Bench
- ALTAMAS KABIR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 197
Headnote
BENGAL v. SHYAMADAS 1211 BANERJEE & ANOTHER 'f respondent No.1 on 28.6.19B9 when he was a sitting A M.L.A., and that charge-sheet was filed on the basis thereof on 16.1.2003 and charges were framed on · 29.7.2003. In other words, while the alleged offence was said to have been to have been committed, the accused was a public servant, but by the time the Court takes cognizance of the offence alleged to c have been committed by him he had ceased to be a public servant, no sanction would be necessary for taking cognizance of the offence against him. As a necessary
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