Court : Karnataka
Decided on : Jan-19-2023
..... the complaint was one of illegal detention. 5 (2006) 3 scc17846 (b) direction to the government concerned to hold an inquiry and take action against the officers responsible for the violation. (c) if the enquiry or action taken by the department concerned ..... if there was detention for 5 days, for what 29 reason was he detained. the court, therefore, directed the district judge, ghaziabad to make a detailed enquiry and submit his report within 4 weeks. the court voiced its concern regarding complaints of ..... approached this court under article 32 of the constitution alleging that though he was acquitted by the sessions court on 3-6-1968, he was released from jail only on 6-10-1982, after 14 years, and sought compensation for his illegal detention ..... against the 4th respondent and his cohorts or any other officer, after identifying those officers who have indulged in the act of illegal arrest and alleged assault on the petitioner. (iv) the departmental enquiry shall be initiated within two weeks .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-16-2023
..... section 436a of the 1973 code could be invoked by the accused arrested for offence punishable under the 2002 act. (xv)(a) the process envisaged by section 50 of the 2002 act is in the nature of an inquiry against the proceeds of crime and is not investigation in strict sense of the term for initiating prosecution; and ..... or after the decision of the larger bench (seven judges) of this court in the case of rojer mathew. (ii) the expression proceedings occurring in clause (na) of section 2(1) of the 2002 act is contextual and is required to be given expansive meaning to include inquiry procedure followed by the authorities of ed, the adjudicating authority ..... iii) the expression investigation in clause (na) of section 2(1) of the 2002 act does not limit itself to the matter of investigation concerning the offence under the act and is interchangeable with the function of inquiry to be undertaken by the authorities under the act. (iv) the explanation inserted to clause (u) of section 2(1) of the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... 11. section 319 crpc contemplates that: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be ..... in the case of acquittal the order shall be passed to that effect in the main case and then proceed afresh against summoned accused. (emphasis supplied) five judge bench of the apex court lays down guidelines for the competent court to follow while exercising power under section 319 of the cr.p.c., the apex court ..... bhawan cgo complex, lodhi road new delhi - 110 003. represented by its assistant director. 2 . megacity (bangalore) developers and builders limited a company incorporated under the companies act, 1956 no.120, mega tower kengal hanumanthaiah road represented by its nominee director sri sajeevan c. v., ... respondents (by sri madhukar deshpande, spl.cgsc for r-1) .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... 11. section 319 crpc contemplates that: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be ..... in the case of acquittal the order shall be passed to that effect in the main case and then proceed afresh against summoned accused. (emphasis supplied) five judge bench of the apex court lays down guidelines for the competent court to follow while exercising power under section 319 of the cr.p.c., the apex court ..... bhawan cgo complex, lodhi road new delhi - 110 003. represented by its assistant director. 2 . megacity (bangalore) developers and builders limited a company incorporated under the companies act, 1956 no.120, mega tower kengal hanumanthaiah road represented by its nominee director sri sajeevan c. v., ... respondents (by sri madhukar deshpande, spl.cgsc for r-1) .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... pursuant to the complaint dated0308.2022 filed by the1t respondent acb police, pending on the file of the23d addl.city civil and sessions judge, for the offence p/u/s7a) and12of the pc act produced at annexure-a and b respectively. in criminal petition no.7431/2022 between1 bhojaraja s. n., s/o nanjappa aged about43years ..... considered the amendment and its importance in the following paragraphs:"117. in terms of section 17-a, no police officer is permitted to conduct any enquiry or inquiry or conduct investigation into any offence done by a public servant where the offence alleged is relatable to any recommendation made or decision taken by the public servant ..... of the public servant, who is involved in this case, it is clause (c), which is applicable. unless, therefore, there is previous approval, there could be neither inquiry or enquiry or investigation. it is in this context apposite to notice that the complaint, which has been filed 5 (2020) 2 scc33854 by the petitioners in writ .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... pursuant to the complaint dated0308.2022 filed by the1t respondent acb police, pending on the file of the23d addl.city civil and sessions judge, for the offence p/u/s7a) and12of the pc act produced at annexure-a and b respectively. in criminal petition no.7431/2022 between1 bhojaraja s. n., s/o nanjappa aged about43years ..... considered the amendment and its importance in the following paragraphs:"117. in terms of section 17-a, no police officer is permitted to conduct any enquiry or inquiry or conduct investigation into any offence done by a public servant where the offence alleged is relatable to any recommendation made or decision taken by the public servant ..... of the public servant, who is involved in this case, it is clause (c), which is applicable. unless, therefore, there is previous approval, there could be neither inquiry or enquiry or investigation. it is in this context apposite to notice that the complaint, which has been filed 5 (2020) 2 scc33854 by the petitioners in writ .....
Tag this Judgment!