prof s c pratihar ( urologist &legal studies) 26 August 2008

public officer &cheating

public searvant when commits offence of cheating ; he is not protected us197 crpc.recent case law pl drscpratihar

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prof s c pratihar ( urologist &legal studies) 27 August 2008

dear guest, i have found one judgement."where the public searvant commits the offence of cheating or abets another so to cheat the offence committed by himis not one while he is acting or purporting to actin discharge of his official official duty.as such he is not entitled to get protecttion us197 of code.AIR1983sc610.now i request you to give some current decision if you can thanks , drscpratihar

advocate jain (advocate) 28 August 2008

public servant not protected under sec 197 crpc

Murali Krishna (Govt..Employee) 28 August 2008

"Duty" of public servant is not to "cheet'. hence he is not protected under Sec 197 of Cr.PC. Sec 197 of Cr.PC protects public servants who does public duty for criminal prosecution. Supreme Court in umpteen number of cases held so. Refer to Praksh Singh badal Vs.State of Punjab; (2007) 1 SCC 1.

public officer &cheating

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