Supreme Court of India
Punjab State Warehousing Corp. v. Bhushan Chander & 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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid analysis, the irresistible conclusion is that the respondents are not entitled to have the protective umbrella of Section 197 CrPC and, therefore, the High Court has erred in setting aside the conviction and sentence on the ground that the trial is vitiated in the absence of sanction.
Judgment, page 18
From the headnote
Code of Criminal Procedure, 1973 - s. 197 - Sanction before prosecution of public .servant- u/ss. 409146714681471 of Penal Code - Conviction by trial court as well as appellate court - In revision, High Court held the trial vitiated.on account of non-obtaining of sanction u/s.197 - On appeal, held: In order to invoke s.197, there has to be a, reasonable connection between the omission or commission and the discharge of official duty - In the facts of the case, the alleged criminal breach of trust cannot be said to have been committed while in public service - No official can put forth a claim
Authorities it was built on
- 1954 Shreekantiah Rama Yya Munipalli v. The State of Bombay
- 2006 Parkash Singh Badal and Anr. v. State of Punjab and Ors.
- 2006 Sankaran Moitra v. Sadhna Das and Anr.
- 2009 State of U.P. v. Paras Nath Singh
- 1997 Sambhoo Nath Misra v. State of U.P. and Ors.
- 2003 State of H.P. v. M.P. Gupta
- 1954 Ronald Wood Mathams v. State of West Bengal.
- 1998 Mohd. Hadi Raja Etc. v. State of Bihar and Anr.
- 2008 Raghunath Anant Govilkar v. State of Maharashtra and Ors.
- 2012 Om Kr. Dhankar v. State of Haryana & Anr.
- 1999 State of Kerala v. V. Padmanabhan Nair
- 1990 Dr. Lakshmansingh Himatsingh Vaghele v. Naresh Kumar Chandrashankar Jha and Anr.
- 2009 Choudhury Parveen Sultana v. State of West Bengal and Anr.
Where later benches applied it
- 2025 Central Bureau of Investigation v. Ramesh Chander Diwan
- 2024 Gurmeet Kaur v. Devender Gupta & Another
Of those, 2 referred to
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