Search Results Page
Search Results
1 - 10 of 12 (0.52 seconds)Section 182 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Section 195 in The Indian Penal Code, 1860 [Entire Act]
Section 188 in The Indian Penal Code, 1860 [Entire Act]
Section 340 in The Indian Penal Code, 1860 [Entire Act]
P.D. Lakhani & Anr vs State Of Punjab & Anr on 22 April, 2008
16. The counsel for the petitioner while supporting the
maintainability of Kalandra has submitted that the said Kalandra was
presented by SHO of Police Station concerned under the directions of SSP,
Sangrur and after getting his specific approval in this regard. However, the
Hon'ble Supreme Court in P.D. Lakhani and another Vs. State of Punjab
and another 2008 (2) RCR (Criminal) 838 while dealing with the similar
proposition held as under:-
Daulat Ram vs State Of Punjab on 29 April, 1997
In Daulat Ram v. State of Punjab [(1962) 2 SCR 812], Hidayatullah, J.
(as the learned Judge then was), held as under :
State Of U.P vs Mata Bhikha And Others on 9 March, 1994
The said decision was followed by a Division Bench of this Court
in State of U.P. v. Mata Bhikh & Ors. [(1994) 4 SCC 95], stating "A
cursory reading of Section 195(1)(a) makes out that in case a public
servant concerned who has promulgated an order which has not been
obeyed or which has been disobeyed, does not prefer to give a complaint
or refuses to give a complaint then it is open to the superior public servant
to whom the officer who initially passed the order is administratively
subordinate to prefer a complaint in respect of the disobedience of the
order promulgated by his subordinate. The word 'subordinate' means
administratively subordinate, i.e., some other public servant who is his
official superior and under whose administrative control he works."