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february 2008

Supreme Court of India · 2008-02-01

SUBRAYAPPA vs D. PALAKSHAIAH

Citation / case number
SC 2005/2398
Court
Supreme Court of India
Petitioner
SUBRAYAPPA
Respondent
D. PALAKSHAIAH
Bench
CJI K. G. BALAKRISHNAN & R. V. RAVEENDRAN

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the entire proceedings against all accused when only the first accused, a public servant, challenged the cognizance taken by the Magistrate due to lack of sanction under Section 197 CrPC. The Court clarified that the offences alleged against Accused Nos. 2, 4, and 5 were distinct and not subject to the same sanction requirement. Consequently, the judgment of the High Court was set aside concerning Accused Nos. 2, 4, and 5, allowing the appellant to proceed with the case against them.

SUBRAYAPPA vs D. PALAKSHAIAH · Niyam