2nd 156(3) on same facts

pramod (Querist) 08 September 2017 This query is : Resolved
156(3) was filed against 5 accused persons but it was dismissed stating that one of these accuse persons was a Public Servant and prior permission is mandatory. NOW kindly advise whether i can file the 2nd 156(3) on same grounds EXCLUDING the name of that Public Servant.

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Hemant Agarwal (Expert) 09 September 2017
1. Yes. It can be done, with due permission of the Court, by following due procedure of law.

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Rajendra K Goyal (Expert) 09 September 2017
Nothing can be advised without referring full case file and court orders.

P. Venu (Expert) 11 September 2017
No permission is required for seeking investigation under 156(3). Sanction u/S 197 is required only for the Court to take cognizance, that too, only if the allegations as to the offence is related to his discharge of duties as a public servant.

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