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Altamus   29 July 2020

Sanction for prosecution under crpc 197 for public servant

An IO filed filed charge sheet U/sec 173(2) , in which he presented a doctored statement (suppressed & manipulated)  to that of the 161 statements of PWs. This act has been done to save an accused from legal punishment.  Does this act attracts IPC sec 217 and 218?  If so, then sanction from state u/sec 197crpc required to register FIR against the IO (S.I or C.I rank) or not?

 



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 4 Replies

Dr J C Vashista (Advocate)     30 July 2020

Yes, permission from appropriate authority is must for prosecution of such employee.

G.L.N. Prasad (Retired employee.)     30 July 2020

First, follow the usual procedure of reporting on deficiencies or manipulation of IO to higher authorities as a complaint and also as grievance and create a record  to show that all attempts have been made to bring the attention of Higher authorities on such defective/compromising/connived report.  Follow all precautions while complaining against a public servant and approach a court only when you can afford financially and mentally.

Mastan   30 July 2020

@omprakash sir, in that case, accused applied for further investigation and the order granted u/sec 173(8). Now checking for the ways to rope in IO for golmal investigation report coz of bribe. 

P. Venu (Advocate)     30 July 2020

It is really surprising that a person other than the original author is offering the clarification. More than a query, the posting is turning out to be a game of hide and seek!


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