Section 197 Cr.P.C public servant seeking protecti
Can a Public Servant charged with Offences Punishable Under Section 323 IPC seek protection under Section 197 Cr.P.C
This is very important, I was assaulted by a Public Servant in his chambers, while his peons held me. I received injuries on my throat, chest and neck. Was taken to the General Hospital by the Police. A Medico Legal Case was registered. A Police Complaint was filed and a FIR registered against the Public servant for Offence U/s.324. Charge sheet submitted and Offence changed from 324 to 323.
The accused Public servant, files a 482 Petition seeking qashing of the case.
Your help with citations more particular with "Sanction not required to prosecute a Public Servant for Offence under Section 323" would be much appreciated.
The Other fact is that this matter took place in 2011, charge sheet was filed in 2011, court took cognizance in 2011 and converted the FIR into a Calendar Case in 2011. Since 2011, Magistrates have been changing, or have not been given charge of this court hence the delay.
There is a also a Crl.M.P Pending filed under section 210 Cr.P.C
This is very important, I was assaulted by a Public Servant in his chambers, while his peons held me. I received injuries on my throat, chest and neck. Was taken to the General Hospital by the Police. A Medico Legal Case was registered. A Police Complaint was filed and a FIR registered against the Public servant for Offence U/s.324. Charge sheet submitted and Offence changed from 324 to 323.
The accused Public servant, files a 482 Petition seeking qashing of the case.
Your help with citations more particular with "Sanction not required to prosecute a Public Servant for Offence under Section 323" would be much appreciated.
The Other fact is that this matter took place in 2011, charge sheet was filed in 2011, court took cognizance in 2011 and converted the FIR into a Calendar Case in 2011. Since 2011, Magistrates have been changing, or have not been given charge of this court hence the delay.
There is a also a Crl.M.P Pending filed under section 210 Cr.P.C
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..................................... Kanaklata would like to stay in touch on LinkedIn. Kanaklata Mishra Gynaecologist at Govt. of India Sirohi Area, India View profile https://www.linkedin.com/comm/in/kanaklata-mishra-a8023b71?trk=eml-guest-invite-pprofile-link-cta&trkEmail=eml-invite_guest-null-418-null-null-uhjl9n%7Ejfqt53ij%7E5b-null-neptune%2Fprofile%7Evanity%2Eview&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BVwe%2BHonLTK2O4R0kp12BrA%3D%3D Confirm that you know Kanaklata https://www.linkedin.com/comm/start/accept-invitation?sharedKey=paJYSr9q&invitationId=6299536747290292254&trk=eml-guest-invite-cta&trkEmail=eml-invite_guest-null-416-null-null-uhjl9n%7Ejfqt53ij%7E5b-ssuw-start%7Esignup%7Ewarm&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BVwe%2BHonLTK2O4R0kp12BrA%3D%3D ..................................... Unsubscribe: https://www.linkedin.com/e/v2?e=uhjl9n-jfqt53ij-5b&t=lun&midToken=AQFmrFVhGEd36Q&ek=invite_guest&li=426&m=unsub&ts=unsub&loid=AQHDsMA4pQ-TRwAAAWKlUE0e1avM579qEzfgTbItedo84WqeQr4N1kK9zg7sbQA3F0tPhPi_k8G0owQ6sc84K4dwMBTiLHDxSqvxUqYNJQKe989HK0mPkAe1Mo2ecCWVcYqoODPkxLTrhOMUeF-fUdaydGxHBBoSSlIxfGYoeA8&eid=uhjl9n-jfqt53ij-5b Help: https://www.linkedin.com/e/v2?e=uhjl9n-jfqt53ij-5b&lipi=urn%3Ali%3Apage%3Aemail_invite_guest%3BVwe%2BHonLTK2O4R0kp12BrA%3D%3D&a=customerServiceUrl&ek=invite_guest&li=425&m=footer&ts=help&articleId=67 You are receiving Invitation emails. LinkedIn will use your email address to make suggestions to our members in features like People You May Know. This email was sent to www.send_post_comment++iylkiygxlkvviy++mqqsgxvvmqbb@localcirclesmail.com. © 2018 LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2. LinkedIn is a registered business name of LinkedIn Ireland Unlimited Company. LinkedIn and the LinkedIn logo are registered trademarks of LinkedIn.
Apr 08
Om Answer to Smt. L.Kalavathi. For definition of 'Assault' please vide Sec-351 of the Indian Penal Code,1860(IPC) Conditions for operation of Sec-197 Cr.P.C--Before invoking the section two conditions must be satisfied:that "(1) the public servant is removable from office either by the Union Govt. or a State Govt. and not by any lower authority; and (2) he is accused of an offence alleged to have been committed while acting or purporting to act in the discharge of his official duty.[ 52 Cal WN 18] Offence by public servant while discharging duty.-What offences can be held to have been committed by a public servant while acting or purporting to act in the discharge of his official duties is a vexed question which has often troubled various Courts including Apex Court.It has been indicated in various decisions of Apex Court that the alleged action constituting the offence said to have been committed by the public servant must have a reasonable and rational nexus with the official duties required to be discharged by such public servant.[Gauri Shankar Prasad v.State of Bihar,AIR 2000 SC 3517:2000Cr.L.J4031].
Dec 07
Question for Shri Tapan Maiti: Does this apply to verbal assault or only physical assault. Isn't it time that the authorities expanded the application to the heckling of Ministers preventing them from executing their responsibilites to the public? Regards, L.Kalavathi Retd. Bank Official, Chennai, Tamilnadu, India 7th December, 2016
Dec 07
Gentle Men and lady members of this circle, I am of the opinion when someone seeks help in this Circle with regards to legal matters, I feel members with knowledge of law should while extending their help and while extending opinions based on the vast knowledge acquired by them over a period of time should also suggest case citations as the one done by Honorable Judge(Retd)Tapan Maiti. The Citations would help the person who is seeking help to understand his case in a better manner and could find ways and means of using the information extended by the member to his advantage of wining his or her case. I hope you will agree with me. Thank you
Dec 07
Sir I am grateful to you Sir for the Case referred, it is very kind of you and I shall refer to this Judgment in my case. Once again Thank you very much Sir, Your help is much appreciated.
Dec 07
