Sanction of higher police officer is required non-cog cases

V.V.RAMDAS (Querist) 25 November 2009 This query is : Resolved
Dear friends,
In non-cog cases sanction of higher police officer is required for submission of prosecution report before the court to take congnigence by the judicial Magistrate against the offence - under what provision or where the provision is laid down ?

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adv. rajeev ( rajoo ) (Expert) 26 November 2009
Sanction of police officer is not necessary to congnizance, they are no way concerned with judiciary.

Raj Kumar Makkad (Expert) 26 November 2009
I have heard for the first time that the judiciary has to take sanction from higher police officials in non cognizable cases to take cognizance of those cases. If you can calify it then it shall be very good at least for me.

V.V.RAMDAS (Querist) 26 November 2009
Friends my question was a little bit missing. Beg your pardon for causing inconvenience. How ever in Prosecution Report submitted by police before a court it requires a saction from higher police officer- than under what provision or where the provision is laid down ?

Arvind Singh Chauhan (Expert) 26 November 2009
Are you questioning about sanction Under 197 Cr.P.C.?

V.V.RAMDAS (Querist) 27 November 2009
Aravind, 197 Cr.P.C is for public servents. My question is about petty offences like M.V.Act cases. If P.R filed by the police Sub Inspector, he must have to get the saction of Cercle Inspector or a DSP and the same will be embodied on the face of P.R as counter signature. Where this provison is laid down.

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