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april 2025

Supreme Court of India · 2025-04-22

Central Bureau Of Investigation vs Ramesh Chander Diwan

Court
Supreme Court of India
Petitioner
Central Bureau Of Investigation
Respondent
Ramesh Chander Diwan
Author
Dipankar Datta
Bench
Dipankar Datta

Judgment text excerpt

The Supreme Court examined whether the High Court correctly discharged the respondent for offences under the Indian Penal Code due to lack of sanction under Section 197 of the Criminal Procedure Code. The High Court had discharged the respondent on the ground that no statutory sanction was obtained, which is a prerequisite for prosecuting public servants. The Court analyzed the statutory provisions and the procedural requirements, ultimately upholding the discharge order. The judgment clarifies the importance of obtaining proper sanctions before prosecuting public officials for criminal offences.

Central Bureau Of Investigation vs Ramesh Chander Diwan · Niyam