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february 2009

Supreme Court of India · 2009-02-11

M. Gopalakrishnan vs State By Addl. S.P. Cbi, Bs&Fc; ...

Court
Supreme Court of India
Petitioner
M. Gopalakrishnan
Respondent
State By Addl. S.P. Cbi, Bs&Fc; ...
Author
Arijit Pasayat
Bench
Mukundakam Sharma, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the absence of sanction for prosecution under Section 197(1)(a) of the Code of Criminal Procedure, 1973, renders the cognizance taken by the court illegal for public servants. The Court emphasized that the requirement of sanction is crucial when the allegations pertain to actions taken in the course of official duties. Consequently, the appeals were allowed, and the proceedings against the appellant were quashed due to lack of necessary sanction.

M. Gopalakrishnan vs State By Addl. S.P. Cbi, Bs&Fc; ... · Niyam