Supreme Court of India
Anil Kumar & Ors. v. M. K. Aiyappa & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
6 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the law on the issue of sanction can be summarized to the effect that the question of sanction is of paramount importance for protecting a public D servant who has acted in good faith while performing his duty.
Judgment, page 13
From the headnote
Code of Criminal Procedure, 1973: ss.197 rlw ss.190, 200 and 156(3) CrPC and s.19 of the PC Act - Complaint u/s 200 against a public servant - Previous sanction not obtained - Special Judge directing investigation to be conducted by DSP, Lokayukta - Held: Once it is noticed that there was no previous sanction, the Magistrate cannot order investigation against a public servant 0 while invoking powers u!s." 156(3) Cr.P. . - The Special Judge has stated no reason for ordering investigation -- High Court has rightly quashed the order of Special Judge as well as the complaint - Prevention of
Authorities it was built on
- 1984 R. S. Nayak v. A.R. Antulay
- 1998 P.V. Narasimha Rao Etc. Etc. v. State (cbl/spe) Etc. Etc.
- 2007 Maksud Saiyed v. State of Gujarat and Ors.
- 2012 Dr. Subramanian Swamy v. Dr. Manmohan Singh and Another
- 2012 General Officer Commanding v. Cbi and Anr
- 2009 State of U.P. v. Paras Nath Singh
- 2010 Srinivas Gundluri & Ors. v. M/s. Sepco Electric Power Construction Corporation & Ors.
- 1994 Stte of West Bengal and Anr. v. Mohammad Khalid and Ors. Etc. Etc.
Where later benches applied it
- 2020 Jayant Etc. v. The State of Madhya Pradesh
- 2016 L. Narayana Swamy v. State of Karnataka & Ors.
- 2015 Mrs. Priyankasrivastavaandanother v. State of U.p.and Others
- 2015 Ramdev Food Products Private Limited v. State of Gujarat
- 2023 Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and Others
- 2018 Manju Surana v. Sunil Arora & Ors.
Of those, 4 relied on · 2 referred to
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