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chandika prasad Mohanty   28 July 2020

govt. refused prosecution but court took cognigence.

A case for procedural violation was filed against a officer by vigilance Dept. and sought sanction of prosecution agaist that officer from govt. After examining the case govt. refused sanction of procecution against that officer. However, vigilance department filled charge sheet wiyhout govt sanction and court took cognigence against the officer after his retirement.
Is court correct in it's stand?


 5 Replies

Dr J C Vashista (Advocate)     29 July 2020

The Court shall not take cognizance in the absence of proper sanction.

However, if the court has taken cognizance challange it.

Presumably you are accused / counsel for accused, which you have concealed, otherwise what is your locus standi /concern /

Mastan   29 July 2020

An IO filed filed charge sheet U/sec 173(2) , in which he presented a doctored statement (suppressed & manipulated)  to that of the 161 statements of PWs. This act has been done to save an accused from legal punishment. 

Does this act attracts IPC sec 217 and 218?  If so, then sanction from state u/sec 197crpc required to register FIR against the IO (S.I or C.I rank) or not?


P. Venu (Advocate)     29 July 2020

Mr. Mastan:

Please post your query in a different thread.

As regard the original query, what is the grounds relied on by the Trial Court to take cognizance in spite  of the sanction refused by the Government? What are the offences charged?

राहुल भारत   31 July 2020

ऑडियो रिकॉर्डिंग की कोर्ट में कितनी वैधता है और इसका डिफेंस क्या हो सकता है ipc 384 में ?

Sudhir Kumar, Advocate (Advocate)     07 August 2020

please meet a lawyer with entire set of papers.


It is not clear as to for which section court took cognizance.


Anyone having any sympathy without you shall not be advising without knowing facts.

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