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Supreme Court of India

D. Devaraja v. Owais Sabeer Hussain

Neutral citation
Reported as [2020] 6 S.C.R. 453
Bench R. Banumathi and Indira Banerjee JJ.
Decided 18 June 2020

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that such sanction was necessary and for want of sanction the prosecution mus t be quashed at this stage.

Judgment, page 22

From the headnote

Code of Criminal Procedure, 1973: s.197 r/w s.170 of Karnataka Police Act, 1963 – Scope and effect of – Held: Every offence committed by a polic e officer does not attract s.197 r/w s.170 – The provisions in ss.19 7 Cr.P. and s.170 of the Act are attracted only when the acts (offence) are done in discharge of official duty or the act done under the col our of, or in excess of such duty or authority. s.482 – Scope of – Held: An application u/s.482 is maintainable to quash proceedings which are ex facie bad for want of sanction u/s.197 Cr.P. . or s.170 of Karnataka Police Act or are frivolous

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 2 referred to

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