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In Re: Reddy Venkayya

Type Court Judgment Court Chennai Decided Aug 16, 1912
~1 min read
https://sooperkanoon.com/case/815790

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 197 - Lower Subordinate of Public, Works Department, charge against, of bribery--Whether sanction to prosecute necessary. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Reddy Venkayya

Legal References

Reported In
17Ind.Cas.402

Excerpt

criminal procedure code (act v of 1898), section 197 - lower subordinate of public, works department, charge against, of bribery--whether sanction to prosecute necessary. - 1. the public prosecutor states that the accused is a sub-overseer of the public works department and belongs to the class of lower subordinates and under rules 54, 293 (s) and 423 of the rules of the public works department, 9th edition, he can be appointed or removed by the superintending engineer without reference to the local government. this being so, the deputy magistrate was wrong in refusing to entertain the complaint for want of sanction, under section 197 of the code of criminal procedure.2. we set aside his order and direct him to re-take the complaint on his file and deal with it according to law.

Full Judgment

1. The Public Prosecutor states that the accused is a Sub-Overseer of the Public Works Department and belongs to the class of lower Subordinates and under Rules 54, 293 (s) and 423 of the rules of the Public Works Department, 9th Edition, he can be appointed or removed by the Superintending Engineer without reference to the Local Government. This being so, the Deputy Magistrate was wrong in refusing to entertain the complaint for want of sanction, under Section 197 of the Code of Criminal Procedure.

2. We set aside his order and direct him to re-take the complaint on his file and deal with it according to law.

Continue Your Research

Same Parties In Re: Reddy Venkayya vs Same Subject Criminal Same Judge Ralph Benson, Offg., C.J. and ;Napier, J.
Criminal

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