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    <title>2000 (4) TMI 848 - Supreme Court</title>
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    <description>Section 197 CrPC protects a public servant from cognizance for acts that bear a reasonable and rational nexus with official duty, even if the act is alleged to have been excessive or improperly done. Applying that test, the Supreme Court found that the acts attributed to the appellant arose from an official operation for removal of encroachment and were sufficiently connected with the discharge or purported discharge of duty. Cognizance without prior sanction was therefore barred, the contrary finding was held erroneous, and the complaint-based cognizance was quashed, leaving the authorities free to seek sanction and proceed according to law.</description>
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    <pubDate>Wed, 19 Apr 2000 00:00:00 +0530</pubDate>
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      <title>2000 (4) TMI 848 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=305173</link>
      <description>Section 197 CrPC protects a public servant from cognizance for acts that bear a reasonable and rational nexus with official duty, even if the act is alleged to have been excessive or improperly done. Applying that test, the Supreme Court found that the acts attributed to the appellant arose from an official operation for removal of encroachment and were sufficiently connected with the discharge or purported discharge of duty. Cognizance without prior sanction was therefore barred, the contrary finding was held erroneous, and the complaint-based cognizance was quashed, leaving the authorities free to seek sanction and proceed according to law.</description>
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