Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 197 1973: ss.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: ss.482, 197 - Quashing of proceedings ~ Summons issued against appellant-police official on the ground that appellant exceeded in exercising his power during investigation of a criminal case and assaulted the respondent in order to extract some information with regard to death of one person and in that connection, detained the respondent in the police station for sometime — High Court refused to quash the criminal proceedings — Plea of appellant that magistrate could not have taken cognizance of offence and issued summons to the appellant without sanction u/s. 197 — Held: Going by the factual matrix, it is evident that the whole allegation is on police excess in connection with the investigation of a criminal case — The said offensive conduct is reasonably connected with the performance of the official duty of the appellant - Therefore, the Magistrate could not have taken cognizance of the case without the previous sanction of the State Government — High Court missed this crucial point in the impugned order — impugned order by High Court is set aside as also the proceedings initiated by the Magistrate taking cognizance and issuing process to the appellant. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 359 |
Petitioner | D. T. Virupakshappa |
Respondent | C. Subash |
SCR | [2015] 5 S.C.R. 534 |
Judgement Date | 2015-04-27 |
Case Number | 722 |
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