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    <title>2019 (4) TMI 1876 - Supreme Court</title>
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    <description>Prior sanction under Section 197 CrPC is required only where the alleged act has a direct nexus with the discharge of official duty or is done while acting or purporting to act in that capacity; on the complaint&#039;s allegations, that nexus was absent, so no sanction was needed. In proceedings under Section 482 CrPC, the High Court cannot assess witness credibility or resolve contradictions in statements, because such matters are for trial and not for a merits-based quashing exercise; the complaint was therefore wrongly quashed and was restored for decision on merits.</description>
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      <title>2019 (4) TMI 1876 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=289376</link>
      <description>Prior sanction under Section 197 CrPC is required only where the alleged act has a direct nexus with the discharge of official duty or is done while acting or purporting to act in that capacity; on the complaint&#039;s allegations, that nexus was absent, so no sanction was needed. In proceedings under Section 482 CrPC, the High Court cannot assess witness credibility or resolve contradictions in statements, because such matters are for trial and not for a merits-based quashing exercise; the complaint was therefore wrongly quashed and was restored for decision on merits.</description>
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      <pubDate>Tue, 02 Apr 2019 00:00:00 +0530</pubDate>
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