Police Excess During Investigation Is Part of Official Duty Prosecution Without Sanction Illegal SC
Police Excess During Investigation Is Part of Official Duty Prosecution Without Sanction Illegal SC
Police Excess During Investigation Is Part of Official Duty Prosecution Without Sanction Illegal SC
Appellant (s)
Versus
C. Subash
Respondent (s)
JUDGMENT
KURIAN, J.:
Leave granted.
2.
114, 506 read with Section 149 of the Indian Penal Code (45 of
1860) (hereinafter referred to as IPC).
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3.
read as follows:
6. A perusal of the averments in the
complaint, sworn statement of the complainant
and his witnesses go to show that the
complainant was picked up from his garden land
at about 10.00 a.m. on 6/6/2006 in the morning.
Further averment reveals that this petitioner
came to the police station later in the evening
and detained him till 10.00 p.m. and also
directed that he should not be let-out till he
reveals or confesses that he is involved in the
murder of one Sannamma. These allegations in
the complaint are further corroborated in the
sworn statement of the complainant which is
further fortified from the sworn statement of his
two witnesses, namely, PWs. 2 and 3. The Court
at this stage is required to consider only the
sworn statement of the complainant and his
witnesses to come to a conclusion whether a
prima facie case is made out for registering the
case and issuing summons. It is not the stage
for the Court to consider the defence of the
accused as the same is well settled by the Apex
Court as long as in the year 1976 in the case of
Nagawwa Vs. V.S. Kojalgi reported in (1976) 3
SCC 736. In the present case, the allegation in
the complaint, sworn statement of the
complainant and his two witnesses clearly make
out the offences alleged against the petitioner
and other accused. If according to the
petitioner, it is a false and fictitious complaint, it
is for him to bring those materials when the said
case is set down for hearing before charge
before the learned Magistrate. It is too
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(2012) 12 SCC 72
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(2004) 8 SCC 40
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conduct
is
reasonably
connected
with
the
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.......J.
(ANIL R. DAVE)
...J.
(KURIAN JOSEPH)
New Delhi;
April 27, 2015.
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ITEM NO.1A
COURT NO.4
SECTION IIB
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Criminal Appeal
6684/2013
D T VIRUPAKSHAPPA
Appellant(s)
VERSUS
C SUBASH
Respondent(s)
[HEARD BY HON'BLE ANIL R.DAVE AND HON'BLE KURIAN
JOSEPH, JJ.]
Date : 27/04/2015 This appeal was called on for
judgment today.
For Appellant(s)
For Respondent(s)
Hon'ble Mr. Justice Kurian Joseph pronounced
the judgment of the Bench comprising Hon'ble Mr.
Justice Anil R. Dave and His Lordship.
For the reasons recorded in the Reportable
judgment, which is placed on the file, the appeal is
allowed. The impugned order by the High Court is set
aside, so also, the proceedings initiated by the Civil
Judge (Jr. Div) and JMFC at Chikkanayakanahalli,
Karnataka in C.C. No. 74/2009 taking cognizance and
issuing process to the appellant. It is made clear that
our judgment is only on the issue of sanction and we
have not considered the matter on merits and that this
judgment shall not stand in the way of respondent
approaching the State Government for sanction under
Section 197 of Cr.P.C. In case such sanction is obtained
and the same is produced before the learned
Magistrate, the Magistrate may proceed further in the
case in accordance with the law.
(Parveen Kr. Chawla)
Court Master
(Renuka Sadana)
Court Master
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