Does the sanction become invalid under section 197 CrPc, due to failure of the sanctioning authority to specify the court in which the accused is to be tried?
N.K.Assumi (Advocate) 16 December 2009
Does the sanction become invalid under section 197 CrPc, due to failure of the sanctioning authority to specify the court in which the accused is to be tried?
MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 16 December 2009
no, not at all. the sanctioning authority need not know in which court the accused is going to be tried. Only his subjective satisfaction regarding the prima facie of allegation is necessary.
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 17 December 2009
Mr.Mohana is right.
N.K.Assumi (Advocate) 17 December 2009
Thank you for the responds.
Parveen Kr. Aggarwal (Advocate) 22 December 2009
Is there any case law on the point.
Although it seems to logic that the sanction is with respect to commission of any particular offence and not with regard to the jurisdiction of any particular court.
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