Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1955 Section 7 Protection of Civil Rights Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Protection of Civil Rights Act, 1955; Section 7:Complaint in the Court of Chief Judicial Magistrate alleging practice of untouchability by accused-Police found the complaint false and submitted final report-Second Complaint-The Court took cognizance and ordered issuance of process against accused-Challenge to-Dismissed by Court of Sessions-Petition under Section 482 Cr.P.C. for quashing of the criminal proceedings-High Court remanded the case to Trial Court for consideration of entire material on record to decide question of issuance of process against accused-Magistrate arrived at the same finding-Accused filing another petition u!s 482 Cr.P.C.-Remanded back by High Court directing trial Court to pass appropriate orders on the basis of available material-Magistrate stood by its earlier finding and directed accused to be summoned-Yet another petition filed u/s 482 Cr.P.C.-Rejected by High Court holding that no case for exercising inherent powers under Section 482 Cr.P.C. was made out-On appeal, Held: Practice of untouchability is a serious offence-Since accused has approached the High Court every time for quashing of orders passed by the Magistrate, the case did not cross the stage of taking cognizance-Accused himself is responsible for delay-Hence, no case is made out to quash the criminal proceedings on the ground of delay-Constitution of India, 1950- Article 17-Code of Criminal Procedure, 1973-Sections 156(3), 173, 200, 202 and 482. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2004 INSC 145 |
Petitioner | Jagdish Ram |
Respondent | State Of Rajasthan And Anr |
SCR | [2004] 2 S.C.R. 846 |
Judgement Date | 2004-03-09 |
Case Number | 357 |
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