Supreme Court · 2015 INSC 968 · Decided 10 March 2015
V.C. Chinnappa Goudar v. Karnataka State Pollution Control Board & ANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 968 · [2015] 3 S.C.R. 652
- Case number
- CRIMINAL APPEAL No. 755/2010
- Decided
- 10 March 2015
- Bench
- F.M. IBRAHIM KALIFULLA, SHIVA KIRTI SINGH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 5, 197, 415; Constitution Article 226, 227
Headnote
Code of Criminal Procedure, 1973- ss.5 and 197 - Protection uls. 197 - To public servants - For prosecution u/ D s. 48 of the Water (Prevention and Control of Pollution) Act, 1974 - Availability of - Held: The statutory prescription contained in in conflict withs. 197 Cr.PC. and hence protection uls. 197 Cr.PC. is not available to public servants - Since there is no specific provision under 1974 E Act, providing for securing sanction before proceeding, in view of s.5 Cr.PC. also protection uls. 197 is not available­ Water (Prevention
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