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 Case Digest


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Criminal Procedure Code, 1973
Section 197-A substantial part of cases against the accused does not require any sanction for their prosecution
Section 197-A substantial part of cases against the accused does not require any sanction for their prosecution
- proceedings pending before ACJM quashed by the High Court as no sanction as required — was there employees of the blood bank were prosecuted under IPC and Drugs Act — HIV contaminated blood was supplied to the Government Medical College and Hospital, Nagpur by its blood bank and as a result, some patients who were given blood transfusion had tested HIV positive — court has not have the slightest doubt that the allegations made against the accused related to acts that had no nexus or connection to the discharge of their official duties and, therefore, their prosecution on those allegations had no need of any sanction under Section 197 of the Code — a substantial part of cases against the accused does not require any sanction for their prosecution. The facts of the case do not warrant any piecemeal quashing or discharge of the accused.
State of Maharashtra Appellant versus Devahari Devasingh Pawar & others Respondents, Criminal Appeal No. 122 of 2008, Supreme Court of India, D/d 18.1.2008

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