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HC: No FIR could be registered against offence u/s 56 of Disaster Management Act, 2005
Case Law Details
- Case Name
- Dr. Santosh Kumar Patel Vs State of Chhattisgarh (Chhattisgarh High Court)
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Santosh Kumar Patel Vs State of Chhattisgarh (Chhattisgarh High Court)
Conclusion: Registration of FIR against assessee for offence under Section 56 of the Act of 2005 was bad, as no FIR for the said non-cognizable offence could be registered and for offence under Section 56, only complaint could be filed by the specified authority / person named in Section 60(a)/(b), that too cognizance can be taken by the jurisdictional criminal court only if previous sanction has already been granted by the competent authority under Section 59 of the Act of 2005. As such, FIR for the said o...
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