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Faisal M (Researcher)     21 May 2013

Can charges be framed on public servant without permission

My query is that can charges be framed by the court in a 498a/406/323, 4 DP Act  case  on a public servant (IPC 21) without taking permission under crpc 197. It is a state case and the accused is on anticipatory bail. Police submitted chargesheet without taking any official permission from Govt. department nor he was placed under suspension. The accused works as a Senior Scientist and was recruited by a Council created under an act of Parliament of India. Only this council is empowered to dismiss him from services.

I need opinion of learned lawyers.



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 1 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 May 2013

Dear Faizal,

The section 197 Cr.P.C is protection of Govt. Servant from acts done during the course of their official duties. your case does not come under this section.

 

Rajiv Bhasin 

Advocate

bhasin.laws@yahoo.com

9811210505


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