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| CODE OF CRIMINAL PROCEDURE, 1973 |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 125(3) —Recovery of the maintenance amount — Application for — Rent arrears — recovery of — Dispute regarding date — ` 5,000/- towards the maintenance were to be paid from 17th March 2008—for the amount of rent no particular date was fixed — It was only in appeal that the Sessions Court fixed `. 6,000/- towards rent of the premises —the liability to pay rent was fixed from 30th October, 2009 — view taken by the Additional Senior Civil Judge restored — Appeal allowed. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 125(3) —Recovery of the maintenance amount — Rent arrears — recovery of — Absence of wife from the premises —Almost for a period of 19 months, the wife was in U.K. —Held, there was no question of bearing the burden of paying rent of the premises. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 197 — IPC — S 304-A — Omission in discharge of official duty —in not providing Government vehicle for shifting the patient — allegation of — Held, it was an act or omission in discharge of the official duty— The refusal & alleged omission is clearly, intrinsically, directly & reasonably connected with his official duty & the performance & discharge of his official duty— The sanction to prosecute was necessary — In case sanction is granted only then the appellant can be prosecuted and not otherwise— Appeal allowed. (Para 5 & 13) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 197 — Construction of — Held, it is not the duty we have to examine so much as the act — because an official act can be performed in the discharge of official duty as well as in dereliction of it — an offence seldom consists of a single act — It is usually composed of several elements and, as a rule, a whole series of acts must be proved before it can be established — Shreekantiah Ramayya Munipalli v. The State of Bombay —Relied upon. (Para 5) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 197 —Sanction under — Application of —Held, the question of application may arise at any stage of the proceedings — The complaint may not disclose that the act constituting the offence was done or purported to be done in the discharge of official duty; — but facts subsequently coming to light — on a police or judicial inquiry — or even in the course of the prosecution evidence at the trial — may establish the necessity for sanction — Whether sanction is necessary or not may have to be determined from stage to stage — Matajog Dobey v. H.C. Bhari —Relied upon. (Para 6) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 197 — Expressions ‘Official Act’, ‘Official Duty’ & ‘Any Offence Alleged to Have Been Committed by Him while Acting or Purporting to Act in the Discharge of his Official Duty’ —Interpretation of — an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution— Use of the expression, ‘Official Duty’ implies that the act or omission must have been done by the public servant in course of his service and that it should have been in discharge of his duty — State of Maharashtra v. Dr. Budhikota Subbarao — Relied upon. (Para 7) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 197 — Expression ‘Official duty’ — Interpretation of — an act or duty done by an officer in his official capacity — State of H.P. v. M.P. Gupta — —Relied upon. (Para 8) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 197 — Protection under — Availability of — Test for — Consider if the omission or neglect on the part of the public servant to commit the act complained of could have made him answerable for a charge of dereliction of his official duty— If the answer is affirmative— it may be said that such act was committed by the public servant while acting in the discharge of his official duty and there was every connection with the act complained of and the official duty of the public servant—State of Orissa & Ors. v. Ganesh Chandra Jew —Relied upon. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 197 — Protection under — availability of —Held, For the purpose of attracting the provisions, it is not necessary that public servants must act in their official capacity — but even where they purport to act in their official capacity — the same would attract the provisions of Section 197 — Madhya Pradesh v. Sheetla Sahai & Ors. — Relied upon. (Para 12) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 439(2) —Regular Bail — Application for cancellation — Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 — Sections 8C, 20-B & 22— FIR under — Contraband (Ganja) — less than 20 Kg — Not a commercial quantity — Held, there would be no recourse of Section 37 — no antecedents — conditions imposed — Appeal dismissed — NDPS Act — Section 37. (Para 8) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Criminal Jurisprudence — CrPC — S 482 — Quashing of complaint — Essential requirements — Held, what is required to be seen is — whether complaints disclose the prima facie ingredients of offence or not — & if they do not disclose the ingredients of the offence, complaints can be quashed — & if they disclose, complaints cannot be quashed. (Para 6) |
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