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february 2012

Supreme Court of India · 2012-02-28

Om Kr. Dhankar vs State Of Haryana & Anr

Court
Supreme Court of India
Petitioner
Om Kr. Dhankar
Respondent
State Of Haryana & Anr
Author
R.M. Lodha
Bench
H.L. Gokhale, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the absence of sanction from the competent authority is a critical requirement for proceeding against a public servant under Section 197 of the Criminal Procedure Code, which applies to offences under Sections 420, 406, and 161 IPC. The Court affirmed the High Court's dismissal of the complainant's revision petition, thereby upholding the Additional Sessions Judge's order that quashed the summoning of the respondent under the aforementioned sections. The judgment emphasizes the necessity of obtaining prior sanction for prosecution of public servants in corruption-related cases.

Om Kr. Dhankar vs State Of Haryana & Anr · Niyam