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Punjab State Warehousing Corpn. vs. Bhushan Chander & Anr. (SC)

34.00 3.40

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Code of Criminal Procedure, 1973–Sec. 197–Penal Code, 1860–Secs. 409, 467, 468 & 471–View of High Court that under normal circumstances the offence u/ss. 467, 468 & 471 may be of such nature that obtaining of sanction u/s. 197 is not necessary but when the said offences are interlinked with an offence u/s. 409, sanction u/s. 197 for launching the prosecution for the offence u/s. 409 is a condition precedent–Such approach is absolutely fallacious–No official can put forth a claim that the breach of trust is connected with his official duty.