Supreme Court of India

Fakhruzamma v. State of Jharkhand & Anr.

Neutral citation
Reported as [2013] 12 S.C.R. 824
Bench K.S. Radhakrishnan and A.K. Sikri JJ.
Decided 12 December 2013

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1 Supreme Court bench has cited this judgment.

From the headnote

Code of Criminal Procedure, 1973: c s. 197 - Previous sanction for prosecution of public servant- Held: s.197 clearly indicates that previous sanction is required for prosecuting only such public servants who could be removed by sanction of the Government - Clauses (a) and (b) of r.825 of Jharkhand Police Manual confer power 0 on the Inspector General of Police or the Deputy Inspector General of Police to pass orders for removal of police officers up to the rank of Inspector, without obtaining prior approval of State Government - High Court has rightly held that since the competent authority

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