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    <title>1943 (8) TMI 5 - CALCUTTA HIGH COURT</title>
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    <description>Previous sanction was required under Section 197 of the Criminal Procedure Code because the alleged assault by a police officer was directly connected with his handling of persons in custody and was done while purporting to act in the discharge of official duty; the prosecution could not proceed without that sanction. The conviction also failed because the record disclosed outside pressure and executive interference creating a reasonable apprehension that the trial was not fair or independent. Applying the principle that justice must be seen to be done, the Court held that the surrounding circumstances undermined confidence in the result and the conviction and sentence were quashed.</description>
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      <title>1943 (8) TMI 5 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200168</link>
      <description>Previous sanction was required under Section 197 of the Criminal Procedure Code because the alleged assault by a police officer was directly connected with his handling of persons in custody and was done while purporting to act in the discharge of official duty; the prosecution could not proceed without that sanction. The conviction also failed because the record disclosed outside pressure and executive interference creating a reasonable apprehension that the trial was not fair or independent. Applying the principle that justice must be seen to be done, the Court held that the surrounding circumstances undermined confidence in the result and the conviction and sentence were quashed.</description>
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      <pubDate>Tue, 24 Aug 1943 00:00:00 +0630</pubDate>
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