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Abrar Husain vs. State of Rajasthan & Anr.

54.00 5.40

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Code of Criminal Procedure, 1973–Sec. 197–Direction to grant the prosecution sanction–Trial Court framed the order in manner suggesting that the District Collector is required to grant prosecution sanction and forwarded the same to the Court–Such an approach gives an impression of a positive direction which is impermissible in law–The Competent Authority must independently assess the material on record to decide on merits whether prosecution sanction is to be granted or not–Directions issued accordingly.