...196 (1) of Cr.P.C., it is crystal clear that before a cognizance is taken by the learned Magistrate for the offence punishable under Section 505 IPC, prior sanction under section 196(1) (.... Section 196 (1) clearly mandates that any offence punishable under Section 505 previous sanction of the Central Government or of th...offence punishable under Section 505 of IPC prior sanction 1s necessary and so also investigation is improper as there is no compliance of Section 196 (3) of Cr.P.C. On careful perusal of the ...

...Castle, 5th January 1945. Endorsement from the District Magistrate, Sholapur, No. XIX/4500, dated 8th November 1944. Resolution :-Government is pleased to accord sanction under Cl. 23...submitted a report to the District Superintendent of Police asking for sanction to prosecute the accused under cl. 18(2) of the Cotton Cloth and Yarn (Control) Order, 1943. Subsequently the matter was..., in their Lordships' view, is a sanction given without reference to the facts constituting the offence a compliance with the actual terms of cl. 23. Under that clause sanction has to be given to a...

...initiating any proceedings under Section 153-B IPC, the police ought to have obtained previous sanction of the Central Government or of the State Government or of the District Magistrate as required by...Section 196(1-A) CrPC and in the absence of such a sanction having been obtained, the proceedings initiated against the respondent were illegal and without jurisdiction. After hearing counsel for the...prior sanction to prosecute a person who tries to instigate Hindus to convert into Christianity requires any prior sanction to register a case and arrest the accused under Section 153-B(1) IPC...

...alleged in the complaint in the absence of a sanction under Section 196-A. The second complaint alleged offences under Sections 467 and 471 read with Section 109 of the Penal Code. But in para 5 t...various contentions were raised on behalf of the appellant in support of his application under Section 561-A of the Code of Criminal Procedure including that under Section 196-A(2). That contention was....7. Sub-section 2 of Section 196-A, which is relevant to the present case, provides that no court shall take cognizance of the offence of criminal conspiracy punishable under ...

.... Apparently it took nearly three years for the trial to commence. On objection being raised by the accused with regard to the sanction under Section 196-A(2) CrPC, 1898, the trial court on June 6, 1970..., rejected the same by holding that no sanction was necessary in the case. The trial court, however, held that the particular sanction accorded under Section 196-A(2) CrPC was invalid, the correctness of...Frank Anthony is with regard to the invalidity of the trial under Section 120-B IPC in absence of sanction under Section 196-A(2) CrPC, 1898.5. In order to appreciate th...

....24. Section 19 of the 1988 Act reads as under:“19. Previous sanction necessary for prosecution.—(1) No court shall take cognizance of an offence....(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the Sta..., omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby...

...necessary accord sanction in terms of Section 196 of the Code of Criminal Procedure, 1973 (in short “the Code”). It is stated that the speeches made by Respondents 5 and 6 were likely to disturb the...authorities in Gujarat. Accordingly, the report lodged was sent to the officials in Gujarat. So far as Respondent 6 is concerned, sanction in terms of Section 196 of the Code was prayed for alleging that there...under Article 32 of the Constitution is not a proper remedy.4. Chapter XII of the Code relates to “Information to the Police and Their Powers to Investigate”. Section 154...

...prohibition under Section 196 Cr.P C, shall not commence without complying with the conditions contained therein. Mrs. Deepika Mahajan, learned Government Advocate stated...provisions of Section 196 Cr.P C and, therefore, the FIR as well as the charge framed against the petitioners by learned Additional Sessions Judge, Udhampur is in violation of the..., Udhampur vide No. Rdr/FIR-277-UDR/2012/33647-49 dated 28.09.2012 Police report is not a substitute for a complaint under Section 196 Cr. P.C Cognizance taken by the learned...

...under Section 222 of the Indian Penal Code is a non-cognizable offence no conviction under Section 120-B of the Indian Penal Code could be had in the absence of a sanction under Section ...no sanction under Section 196-A of the Code of Criminal Procedure and consequently the court could not take cognizance of the offence under Section 120-B of the Indian Penal Code. Whether a ...had been granted under Section 196-A was a question of fact which ought to have been urged at the trial and before the High Court. It is impossible at this stage to go into this question of fact...

...party.4. There are rival versions involved in this case. The question was whether without the sanction under Section 197 of the Code of Criminal Procedure the proceedings...grievous injuries had been inflicted on the complainant and one of the alleged offenders had died. In this case, admittedly, the petitioner is a government servant. Admittedly, no sanction under Section 197...of the CrPC had been taken. The trial in this case is one of the offences mentioned under Section 196 of the CrPC. The contention of the petitioner was that under Section 196 of the CrPC the...

...sanction. It is submitted that the offences alleged to have been committed under IPC had close nexus with the workmen who are on official duty and, therefore, sanction under Section 197 of the Code is...that the decision in R.S Nayak case (1984) 2 SCC 183 is not per incuriam as contended. Under Section 19(1) of the Act previous sanction is prescribed for a public servant if (a) he is a public...sanction necessary for prosecutions.—(1) No court shall take cognizance of an offence punishable under Section 161 or Section 164 or Section 165 of the Indian Penal Code or under sub-...

...were done in pursuance of their official duty and they cannot be proceeded against without necessary sanction as contemplated under Section 197 of the Code. The Orissa High Court at the first instance...permitted the appellants to make submission before the SDJM. But the SDJM took the view that there was no necessity for sanction under Section 197 of the Code.3. Matter was...)“It is not therefore every offence committed by a public servant that requires sanction for prosecution under Section 197(1) of the Criminal Procedure Code; nor even every act done by...

...framing charges in relation to accusations under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short “the Act”).2. A revision petition.... At the time of framing charge the accused took the stand that he was liable to be discharged as the investigation was not conducted by the authorised police officer as required under Section 17...the matter.4. It was also submitted that under Section 17 of the Act, the Deputy Superintendent of Police can investigate into any offence under the Act being a designated...

...by a public servant that requires sanction for prosecution under Section 197(1) of the Criminal Procedure Code; nor even every act done by him while he is actually engaged in the performance of his....21. That apart, the contention of the respondent that for offences under Sections 406 and 409 read with Section 120-B IPC sanction under Section 197 of the Code is a condition ..., (1955) 1 SCR 1302, 1955 Cri LJ 865 that it is not every offence committed by a public servant which requires sanction for prosecution under Section 197 of...

...Criminal Procedure, before a Court takes a cognizance of the offence under Section 124-A IPC, sanction of appropriate Government is necessary. Section 196(1) Government ...and 506 IPC and under Section 8(1) of A.P Public Security Act.3. The prosecution has been challenged on the ground that in terms of Section 196 of the Code of...of 1860) except with the previous sanction of Central Government or the State Government.”4. Admittedly, Section 124-A IPC is an offence contained under Chapter-VI of the...

...purported to have been passed under Section 196 of the Code was passed by the District Magistrate according sanction for prosecution of the appellant. On 4-8-1993 charge-sheet was filed against the...grant sanction purportedly under Section 196 of the Code. Further in the petition before the High Court it was categorically stated as follows:“15. That it is stated....”8. As noted above, a petition under Section 482 was filed, which was rejected by the High Court primarily on the ground that no sanction was required. No other...

...sanction from the Government under Section 196(1) of the Code of Criminal Procedure, 1973; and (2) that the prosecution in respect of the offence under ..., therefore, under Sub-section (1) of Section 196, in the absence of a sanction from the concerned Government, no Court can take cognizance of an offence punishable ...well be avoided by the Government by refusing to accord sanction under Section 196(1) of the Code of Criminal Procedure. It may equally be possible that the article...

...precedent for entertaining the complaint, a sanction under Section 197(1) of the Code of Criminal Procedure, had not been obtained. In that application, after referring to the proceedings before the...the aforesaid complaint in the absence of sanction for prosecution under Section 197 of the Code of Criminal Procedure as the petitioner being a public servant being appointed by the Government of...Criminal Procedure thus:“In its considered view Section 197 CrPC has got no manner of application in the present case. Under Section 197 CrPC sanction is required only if the...

...mahazar, seized some materials at item 1 to 30. Annexure-A is the order of sanction under Section 196 Cr.P.C A perusal of the impugned order of sanction do not specify that the...sanction order dated 6.7.2012 are before this court under Section 482 Cr.P.C seeking quashing of the proceedings.2. The main offence against the petitioners is...for the offences punishable under Section 295A, IPC except with previous sanction of the Central Government or of the State Government. The Supreme Court in...