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Supreme Court judgments on Section 197, Code of Criminal Procedure, 1973

12 judgments, latest first, from 2021 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under Section 197 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Samarendra Nath Kundu & Anr. vs Sadhana Das & Anr.
SC · 1 April 2026
[2026] 4 S.C.R. 273 : 2026 INSC 304
Whether the appellants, who are co-accused, are entitled to the benefit of this Court’s decision in the matter of co-accused-‘SM’; whether the benefit of notification dated 19.11.2010 would be available to the appellants…
State by Deputy Superintendent of Police vs B.T. Ramesh & Anr.
SC · 14 July 2025
[2025] 8 S.C.R. 202 : 2025 INSC 840
Issue arose whether the High Court was justified in quashing the criminal proceedings, on the grounds of the chargesheet having been filed more than four years after the date of the alleged incident and lack of sanction;…
Central Bureau of Investigation vs Ramesh Chander Diwan
SC · 22 April 2025
[2025] 4 S.C.R. 1476 : 2025 INSC 539
Whether the High Court was right in holding that sanction under Section 197, Cr.PC not having been obtained, the respondent should be discharged for the offences registered under Sections 120B and 420 of the IPC against…
Suneeti Toteja vs State of U.P. & Another
SC · 25 February 2025
[2025] 2 S.C.R. 918 : 2025 INSC 267
Whether, in light of the facts and circumstances of this case and the position of law apropos to the sanction for prosecution, the High Court ought to have exercised its powers u/s.482 of the CrPC to quash the charge-she…
Om Prakash Yadav vs Niranjan Kumar Upadhyay & Ors.
SC · 13 December 2024
[2024] 12 S.C.R. 777 : 2024 INSC 979
Issue arose as regards whether in the absence of the grant of sanction for prosecution u/s.197 CrPC, the CJM, Firozabad could have taken cognizance of the charge sheets against the respondents; and whether the offence or…
Gurmeet Kaur vs Devender Gupta & Another
SC · 26 November 2024
[2024] 11 S.C.R. 1602 : 2024 INSC 967
Issue arose whether the appellant while discharging her duty as a public servant on the relevant date, there was any excess in the discharge of the said duty which did not require the first respondent to take a prior san…
Directorate of Enforcement vs Bibhu Prasad Acharya, etc.
SC · 6 November 2024
[2024] 11 S.C.R. 510 : 2024 INSC 843
The appellant filed complaints against the respondents and others u/s.44(1)(b) of the Prevention of Money Laundering Act, 2002. The Special Court took cognizance of the complaints and issued summons to the respondents an…
Shadakshari vs State of Karnataka & Anr.
SC · 17 January 2024
[2024] 1 S.C.R. 429 : 2024 INSC 42
Whether sanction u/s. 197 Cr.P.C. is required to prosecute respondent No. 2 who faces accusation amongst others of creating fake documents by misusing his official position as a Village Accountant, thus a public servant.…
A. Sreenivasa Reddy vs Rakesh Sharma and Anr.
SC · 8 August 2023
[2023] 12 S.C.R. 932 : 2023 INSC 682
Whether the appellant, an Assistant General Manager of a Nationalised Bank is removable from his office save by or with the sanction of the Government so as to make s.197, CrPC applicable; and if he can be proceeded agai…
Amod Kumar Kanth vs Association of Victim of Uphaar Tragedy and Anr.
SC · 20 April 2023
[2023] 6 S.C.R. 669 : 2023 INSC 397
Code of Criminal Procedure, 1973 – s.197 –Ambit of – Uphaar Tragedy case – Closure report filed by the CBI against the appellant was rejected by the Magistrate,who instead took cognizance on the protest petition filed by…
Indra Devi vs State of Rajasthan & Anr.
SC · 23 July 2021
[2021] 8 S.C.R. 23 : 2021 INSC 356
Code of Criminal Procedure, 1973: s.197 – Sanction for prosecution – Case of complainant was that in a sale transaction, the purchaser fabricated the agreement with the intention to defraud her – This was allegedly done…
Noorulla Khan vs Karnataka State Pollution Control Board & Anr.
SC · 13 July 2021
[2021] 7 S.C.R. 243 : 2021 INSC 330
Water (Prevention and Control of Pollution) Act, 1974 – ss. 43, 44, 47 and 48 – Code of Criminal Procedure, 1973 – s. 197 – Gram Panchayat and the appellant, who at the relevant time was chief officer of said Gram Pancha…

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