Supreme Court of India

Dr. (smt.) Manorama Tiwari and Others v. Surendra Nath Rai

Neutral citation
Reported as [2015] 9 S.C.R. 436
Bench Dipak Misra and Prafulla C. Pant JJ.
Decided 10 September 2015

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that in the present case, the High Court has erred in law in dismissing the criminal revision filed by the appellants and affirming the order of the Magistrate rejecting their application as to maintainability of the criminal complaint B without sanction from the State Government.

Judgment, page 9

From the headnote

Code of Criminal Procedure, 1973 - s. 197 - Prosecution of judges and public servant - Sanction from the Government - Requirement of - Appellants-Medical Officers in govemment hospital performed surgery on the patient in the government hospital, however, the patient died - Criminal complaint by respondent-complainant before the magistrate alleging commission of murder against the appellants-Application u/s. 197 by the appellants alleging that the prosecution against them not maintainable without sanction uls. 197 - Rejection of. by the magistrate as also ·the High Court - On appeal, held: It

Where later benches applied it

Of those, 2 relied on

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