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    <title>2023 (4) TMI 1431 - Supreme Court (LB)</title>
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    <description>Prior sanction under Section 197 CrPC is a condition precedent to cognizance where the alleged act of a public servant bears a reasonable nexus with the discharge or purported discharge of official duty. The test is the connection between the act and the official function, not whether the servant is ultimately guilty, and sanction remains necessary even if the act is alleged to be excessive or irregular. Because the complained-of acts were traceable to the appellant&#039;s role as licensing authority and connected with official functions, cognizance without previous sanction was not sustainable and the proceedings were liable to be quashed so far as the appellant was concerned.</description>
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      <title>2023 (4) TMI 1431 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=462939</link>
      <description>Prior sanction under Section 197 CrPC is a condition precedent to cognizance where the alleged act of a public servant bears a reasonable nexus with the discharge or purported discharge of official duty. The test is the connection between the act and the official function, not whether the servant is ultimately guilty, and sanction remains necessary even if the act is alleged to be excessive or irregular. Because the complained-of acts were traceable to the appellant&#039;s role as licensing authority and connected with official functions, cognizance without previous sanction was not sustainable and the proceedings were liable to be quashed so far as the appellant was concerned.</description>
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