How can a citizen or an advocate obtain the sanction of prosecution while launching complaint u/s200 to Metropolitan magistrate. What is the process / form and rule regarding this. Please advise
Nikhil Gupta (Management Consultant) 25 March 2018
How can a citizen or an advocate obtain the sanction of prosecution while launching complaint u/s200 to Metropolitan magistrate. What is the process / form and rule regarding this. Please advise
TGK REDDI 25 March 2018
This's a very good query. Law says sanction from the government is necessary. Government means? I think the appointing authority of the public servant is government.
If the offence is in relation to his duties only, sanction is necessary.
If a public servant administers a kick while doing his duties, sanction is not necessary because kicking is not his duty. If a public servant forges a document, it's not purported to be his duty and no sanction is necessary.
I invite criticism against me.
Nikhil Gupta (Management Consultant) 25 March 2018
I reiterate my query: How this sanction is to be obtained ? How can a citizen obtain such sanction ? For a state govt employee probably the chief secy is the sanctioning authority ( this however can be found out later).
TGK REDDI 25 March 2018
You've to apply for Sanction.
Nikhil Gupta (Management Consultant) 25 March 2018
corruption case under PCA act to be filed against an Asst Registrar of Cooperative Societies Delhi. How to go about it if one doesnt want to go through Anti Corruption Bureau but through court ?
Kumar Doab (FIN) 25 March 2018
One may go thru;
Central Government Act
Section 197 in The Code Of Criminal Procedure, 1973
https://indiankanoon.org/doc/12704/
Also;
https://cvc.nic.in/vigman/chaptervii.pdf
Nikhil Gupta (Management Consultant) 25 March 2018
Thanks but none of this touch upon the question as to how a citizen can obtain such sanction. As per the material you suggsted it is only the authorities/investigating agencies taking sanction from the other authorities.
TGK REDDI 26 March 2018
" ........ none of this touch upon .... ". Why? Didn't my Reply touch on the question?
I replied, " You've to apply for Sanction.
Government means: Appointing Authority. This's my opinion only.
But I have no hesitation to agree with you. You think government means Chief Secretary of the State.
Forward an Application to him. Simple.
Nikhil Gupta (Management Consultant) 26 March 2018
Thanks for your opinion !!
KISHAN DUTT KALASKAR (Advocate) 30 March 2018
Dear Sir/Madam,
Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.
With regards,
Legal Expert