Tag: government servant

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains Section 195 CrPC: Police Can Investigate, But Courts Face a Hurdle

This Supreme Court judgment clarifies that for offences under Section 186 IPC, a written complaint by the concerned public servant or their superior is mandatory under Section 195(1)(a) CrPC before a court can take cognizance. However, the bar under Section 195 CrPC applies only at the stage of cognizance and does not prohibit the police from investigating such offences. The court also held that "obstruction" under Section 186 IPC is not limited to physical force but includes any act that impedes a public servant's duties. The legality of splitting distinct offences from those covered by Section 195 depends on the facts of each case. Facts Of The Case: A Process Server from the Nazarat Branch of the Shahdara courts was assigned to serve a warrant and a summons at the Nand Nagri police st...
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Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”

The Supreme Court held that the absence of a requirement for custodial interrogation is not, by itself, a sufficient ground to grant anticipatory bail. The court must primarily consider the prima facie case and the nature of the alleged offence. The High Court erred in conducting a mini-trial and rendering detailed findings on evidence at the anticipatory bail stage. Facts Of The Case: An IPS officer, holding the post of Additional Director General of Police in Andhra Pradesh, was accused of manipulating tenders and misappropriating public funds. The allegations involved two key transactions. First, an agreement for awareness camps on the SC/ST Act was signed on January 30, 2024, and the entire payment was approved on the very same day without any verification of the work done. Second, l...
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Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets
22Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Departmental Inquiries: Authority for Minor Penalties Can Issue Major Charge Sheets

The Supreme Court held that under Rule 13(2) of the CCS (CCA) Rules, 1965, a disciplinary authority competent to impose only minor penalties is fully empowered to institute proceedings and issue a charge-sheet for imposing major penalties. The final order, however, must be passed by the authority competent to impose a major penalty. Facts Of The Case: The respondent, R. Shankarappa, was a Sub Divisional Engineer in the Department of Telecommunications who retired in 2018. In 2003, he was prosecuted by the CBI in two cases: one for demanding and accepting a bribe, and another for possessing assets disproportionate to his known sources of income. He was convicted in both cases, but the High Court later stayed the conviction and sentence, with the criminal appeals remaining pending. Paralle...
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