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Sanction for prosecution

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      Giga
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      Lalit Mohan Panda and anr. V. State of Orissa.((2013) 54 OCR 169)
      B.K.NAYAK, J.

      CRPC Sec 197

      Purpose sanction for prosecution of public servant explained Congizance taken of Offence u/s 387/134 IPC –Petitioners are the ASIs of Ramanaguda out post under Gunpur Police station –They apprehended ‘s’,an accused of dacoity case case in a Rayagada P.S. Case –No 20 material that the petitioner were investigating the Raygada P.S.case or during course of patrol, they apprendhended “s” –The demand of Rs.6,00,000/- as booty under threat of prosecution or dire consequence to ‘s’ cannot be said to have any nexus with discharge of official duty –No sanction necessary.

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