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Head Note

The Code of Criminal Procedure, 1973  - Section 197 , Prevention of Corruption Act,1988  - Section 13 (1)

Complaint case against a public servant under Corruption Act - Summoning order issued by Magistrate under Sections 420, 406, 161 Indian Penal Code - Sanction for prosecution under 197 of Criminal Procedure Code is not mandatorily required - Accused (Deputy Excise and Taxation Commissioner) demanded and received Rs. 2 lakhs from complainant to release his 3 buses which were impounded for non payment of Passenger Tax - Sanction for prosecution of competent Authority under Section 197 of Criminal Procedure Code is not mandatorily required.

The Code of Criminal Procedure, 1973  - Section 397 , Indian Penal Code,1860  - Section 420 , Section 406

Complaint case - Summoning order issued by Magistrate - Revision against the summoning order is maintainable.

Topic(s)-

Important Decision(s)- 

• Sanction for prosecution under 197 of CrPC is not mandatorily required.
• Revision against the summoning order is maintainable.