Supreme Court of India
Sankaran Moitra v. Sadhna Das and Anr.
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16 Supreme Court benches have cited this judgment.
What the Court ordered
Before parting with the matter, I may clarify that all the observations C made by me hereinabove have been only for the limited purpose of deciding the controversy in connection with the applicability or otherwise of Sections 197 and 210 of the Code and I may not be understood to have expressed any opinion one way or the other on the merits of the case.
Judgment, page 43
From the headnote
Code of Criminal Procedure, 1973-Section 197(1)-Death due to police lathi charge on day of election to State Assembly-Prosecution of accused police officer-Sanction as required under Section 197(1) not obtained-Held: If a person is killed by· use of excessive force by police officer in performance of duty or purported performance of duty, Section 197(1) cannot be by-passed by reasoning that killing a man could never be done in an official capacity-Requirement of sanction prescribed in Section 197(1) was a condition precedent for a successful prosecution though question may have arisen not at
Authorities it was built on
Where later benches applied it
- 2026 Samarendra Nath Kundu & Anr. v. Sadhana Das & Anr.
- 2020 D. Devaraja v. Owais Sabeer Hussain
- 2012 Om Prakash & Ors. v. State of Jharkhand through the Secretary, Department of Home, Ranchl-i & Anr.
- 2012 General Officer Commanding v. Cbi and Anr
- 2016 Surinderjit Singh Mand & Anr. v. State of Punjab & Anr.
- 2015 Prof. N. K. Ganguly v. Cbi New Delhi
- 2016 Punjab State Warehousing Corp. v. Bhushan Chander & Anr.
- 2016 Amal Kumar J Ha v. State of Chhatisgarh & Anr.
- 2016 Devinder Singh & Ors. v. State of Punjab through Cbi
- 2009 State of Madhya Pradesh v. Sheetla Sahai & Ors.
- 2009 Jamiruddin Ansari v. Central Bureau of Investigation & Anr.
- 2009 Choudhury Parveen Sultana v. State of West Bengal and Anr.
- 2008 Paul George v. State of N.C.T. of Delhi
- 2007 State of Karnataka v. Ameer Jan
- 2006 Jayasingh v. K.K. Velayutham and Anr.
- 2013 Fakhruzamma v. State of Jharkhand & Anr.
Of those, 4 relied on · 2 referred to · 9 mentioned · 1 not applicable
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