Replacement of section 13 (1) d of pc act 1988 in place of 217/218 ipc
Rajesh Thakral
(Querist) 07 October 2013
This query is : Resolved
sir i made a private complaint (Istagassa )in lower court against a District Education officer under section 217/218 IPC because the DEO is the inquiry officer of my complaint of demanding of bribe against a clerk and the DEO did not send any written summions to me and make a false report to save clerk (which is working in his office). I have bundle of proof that inquiry report is totally false and while preparning his inquiry report DEO violates the natural justice. But now i know that for procecution in section 217/218 ipc santion under crpc 197 is necessary but i have no sanction so i want to replace section 13 (1) d in place of section 217/218 ipc in my case because in section 13(1) d of PC act 1988 no requirement of sanction under crpc 197 so tell me whether i can change the section and by which method . status of my case is in pre summioning form
P. Venu
(Expert) 08 October 2013
Proceedings under Prevention of Corruption Act also require sanction.
Rajesh Thakral
(Querist) 08 October 2013
But sir I have supreme court judgment which shows that in criminal misconduct and pc act 1988 no need for sanction under 197 crpc
Rajesh Thakral
(Querist) 08 October 2013
But sir I have supreme court judgment which shows that in criminal misconduct and pc act 1988 no need for sanction under 197 crpc
Rajesh Thakral
(Querist) 08 October 2013
plz tell me the questioned asked by me the above
P. Venu
(Expert) 08 October 2013
Please see Section 19 of the PC Act.
Rajesh Thakral
(Querist) 08 October 2013
But section 19 is according to 1988 amendment but i have latest judgment of supreme court
P. Venu
(Expert) 08 October 2013
Which judgment?
Rajendra K Goyal
(Expert) 08 October 2013
Repeated query, if any subsequent information needed use same thread:
http://www.lawyersclubindia.com/experts/Pc-act-1988-427376.asp#.UlOhWxCLq_I
http://www.lawyersclubindia.com/experts/About-section-218-ipc--427326.asp#.UlIpuhCLp3A
R.K Nanda
(Expert) 08 October 2013
repeated query.
ajay sethi
(Expert) 08 October 2013
repeated query no reply
Satya Mani Tiwari
(Expert) 09 October 2013
SANCTION OF PROSECUTION FROM COMPETENT AUTHORITY IS MUST U/S 19 OF PC ACT 1988, WITHOUT SNACTION NO PROSECUTING AGENCY CAN FILE CHARGE SHEET AGAINST THE ACCUSED IN ANY COURT OF INDIA. ITS ABSOLUTELY CLEAR CHARGES CAN BE FRAMED ONLY AFTER SANCTION U/S 19 IS RECEIVED.
Rajesh Thakral
(Querist) 09 October 2013
But sir I have a Punjab & hariyana high court judgment in which it is clear that for clerk catagory employee, no need of sanction
Raj Kumar Makkad
(Expert) 11 October 2013
Confine to your original thread and do no repeat the query.
