AIROnline 2025 SC 103

Criminal P.C. (2 of 1974) , S.482, S.197— Quashing of summoning order – Absence of sanction for prosecution – Complainant had alleged that accused had filed counter affidavit before tribunal on her behalf without her consent – Accused had filed counter affidavit and interacted with complainant in her capacity of Presiding Officer, ICC – Accused was acting in discharge of her official duties – Plea regarding deemed sanction was not tenable – In the absence of such principle being statutorily incorporated, Court cannot read such a mandate into the statute – Also, eventually sanction was refused – Magistrate erred in proceeding to take cognizance against accused without sanction for prosecution – Summoning order was quashed.
AIROnline 2022 ALL 1588-ReversedAIR 1998 SC 889-DistinguishedAIR 2012 SC 1185-Distinguished

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