said expression was also considered
by this Court in Subramanian Swamy case [Subramanian
Swamy v. Manmohan Singh ... Subramanian Swamy [Subramanian
Swamy v. Manmohan Singh , (2012) 3 SCC 64 : (2012)
1 SCC (Cri) 1041 : (2012) 2 SCC (L&S) 666] cases
Mazdoor Kisan Shakti Sanghatan vs Union Of India on 23 July, 2018
Equivalent citations: AIR
held not to have
amounted to having taken cognizance.
25. Subramanian Swamy v. CBI17 (five Judges Bench) – It was
observed that Section
Shaw vs. State of West Bengal, reported in 89 CWN
557, Subramanian Swamy vs. Union of India, Ministry of Law & Or. ,
reported
Paras Nath Singh [( 2009) 6 SCC 372] and Subramanian
Swamy v. Manmohan Singh [(2012) 3 SCC 64], it has been
held that, the Magistrate cannot
Supreme Court reported in (2016) 7 SCC 221 ( Subramanian Swamy Vs. Union of
India, Minsitry of Law and others ). He placed emphasis on Paragraph
taking note of the judicial
pronouncements rendered on the issue in Subramanian Swamy Vs.
Manmohan Singh [(2012) 3 SCC 64], State
rightly held guilty. They relied upon (2014) 8 SCC
390 titled Subramanian Swami & Ors. v. Raju .
14. To appreciate the contentions of learned Counsels
later judgment of Apex Court dated 31.01.2012
rendered in " Subramanian Swamy Vs. Dr. Manmohan Singh9" (Civil
Appeal No. 1193 of 2012)" while
cannot be treated as a shield to protect
corrupt officials. In Subramanian Swamy v. Manmohan Singh