Supreme Court of India
Keshavlal Mohanlal Shah v. The State of Bombay
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From the headnote
Criminal Trial-Magistrate dismissed from service for crimi nal misconduct-Prosecution of-Cognizance by court-Sanction to prosecute, if necessary-Code of Criminal Procedure, r898 (Act 5 of r898), s. r97. The appellant, 'a Magistrate, was dismissed from service as a result of a departmental enquiry. On a complaint filed by the State Government he was convicted under s. 409 of the Indian Penal Code. The point urged was that the trial Magis trate should not have taken cognizance of the offence without the previous sanction in view of the provisions of s. 197 of the Code of Criminal Procedure.
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