Search Results Page
Search Results
1 - 8 of 8 (0.22 seconds)Section 193 in The Indian Penal Code, 1860 [Entire Act]
Section 167 in The Indian Penal Code, 1860 [Entire Act]
Assistant Collector Of Customs & Anr vs U.L.R. Malwani And Anr on 16 October, 1968
In the judgment relied by Mr. Dilip Kumar Prasad, learned counsel for
opposite party no.2 in the case of The Assistant Collector of Customs,
Bombay (supra), the Hon'ble Supreme Court held that in a previous lawful
7 Cr.M.P. No. 702 of 2011
With
Cr.M.P. No. 918 of 2011
trial before a competent court, the petitioner of that case has secured a
verdict of acquittal which verdict is binding on his prosecutor and in that
case, the reason was that the proceeding before the Collector of Customs
was a criminal trial and earlier case was arising out of civil dispute and in
view of that, the Hon'ble Supreme Court has come to that conclusion. The
facts of the present case is otherwise and thus, that judgment is also not
helping opposite party no.2.
State Of Maharashtra vs Dr. Budhikota Subharao on 16 March, 1993
Budhikota Subbarao [State of Maharashtra v. Budhikota
Subbarao, (1993) 3 SCC 339 : 1993 SCC (Cri) 901] .) The real
question, therefore, is whether the act committed is directly
concerned with the official duty."
Choudhury Parveen Sultana vs State Of West Bengal & Anr on 7 January, 2009
In the judgment relied by Mr. Dilip Kumar Prasad, learned counsel for
opposite party no.2 in the case of Choudhury Parveen Sultana (supra), the
allegation was that the complainant threatened to withdraw the complaint
case and in view of that the Hon'ble Supreme Court has interfered and
clause of Section 197 Cr.P.C. was not attracted in that case. The facts of
that case was different and thus, that judgment is not helping opposite
party no.2.
Indira Devi (Smt.) vs State Of Rajasthan And Anr. on 5 October, 2006
13. There is no doubt that if an act is not done in official capacity, Section
197 Cr.P.C. is not attracted, however, if the act has been done in official
capacity, Section 197 Cr.P.C. is attracted. The facts as mentioned
hereinabove, disclosed that the petitioners were discharging official duty. A
reference may be made to the judgment passed by the Hon'ble Supreme
Court in the case of Indra Devi v. State of Rajasthan and another,
reported in (2021) 8 SCC 768. Paragraph 10 of the said judgment is
quoted hereinbelow:
Ram Saran (A.S.I.M.)(Pno ... vs State Of U.P.Thru.Prin.Secy. Home & ... on 23 March, 2021
14. Further if a complaint case is being filed out of vengeance, every care
is being taken to make out a case against the accused persons and if such a
situation is there, responsibility on the shoulder of the High Court is much
higher and the Court is required to look into the things in between the one.
A reference may be made to the judgment passed by the Hon'ble Supreme
Court in the case of Haji Iqbal @ Bala through S.P.O.A. v. State of
U.P. and others, reported in 2023 SCC OnLine SC 946.
1