Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sessions Court Revision |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law:Criminal Procedure Code, 1973:Section 399-Sessions Court-Revision before Additional point Raising of issue of process-Challenge of-A point regarding non-filing of complaint within the prescribed period under S. 161(1) of the Bombay Police Act was raised in revision-Such a point not raised before the trial court-Permissibility of-Held: it is permissible to raise such a point as the very issuance of process is being challenged Section 407-High Court-Revision before-Scope of-Additional ground was considered and decided on merits by the Sessions Court-High Court, in revision, refused to go into that aspect since it was not raised before the trial court-Correctness of-Held : High Court erred in refusing to do so. Section 397(2)-Interlocutory order-Revision against-Exercising of-Tests to determine Magistrate took cognizance of complaint and issued process-Objection that complaint was barred by limitation under S.161(1) of the Bombay Police Act was taken in revision-Entertaining of-Held, the sole test is not whether the order is passed during the interim stage-The feasible test is whether the proceedings would culminate if the objection were upheld-If so any order passed on such objection does not amount to interlocutory order-In the circumstances of the case if the objection were upheld the entire prosecution proceedings would have terminated-Hence the Magistrate's order is not interlocutory and therefore revisable. Bombay Police Act, 1961, Section 161(1)"Colour of duty"-Acts done under-Meaning of-Complaint filed for commission of offences under Ss. 166, 167, 219 IPC etc.-Objection was taken that it was filed beyond the prescribed period under S. 161(1)-Sustainability of-Held: The words 'under colour of duty' include acts done under the cloak of duty-Ingredient of offence under S.161 IPC includes act done as a public A servant Hence, such objection sustainable. Penal Code, 1860: Section 166Ingredients of-Explained Words and Phrases: "Under colour of duty" and "aforesaid"-Meaning of-In the context of S.166(1) of the Bombay Police Act, 1951. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 2000 INSC 326 |
Petitioner | K.k. Patel And Anr. |
Respondent | State Of Gujarat And Anr. |
SCR | [2000] Supp. (1) S.C.R. 312 |
Judgement Date | 2000-05-12 |
Case Number | 485 |
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