Supreme Court of India
Om Prakash & Ors. v. State of Jharkhand through the Secretary, Department of Home, Ranchl-i & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that this is not a case of false encounter.
Judgment, page 31
From the headnote
Code of Criminal Procedure, 1973: c ss. 482 and 197 - Complaint against police officials - Alleging killing in fake encounter - Case of the accused/police officials that encounter was genuine - FIR lodged by a citizen against the miscreants including the deceased for threatening him by firing at his house on the date of the encounter - One 0 of the accused/police officials also filing FIR giving account of the encounter - NHRC in the complainant's complaint, relying on CID inquiry, holding that encounter was genuine - Magistrate taking cognizance of the case against the accused and initiating
Authorities it was built on
- 1955 Matajog Dobey v. H. C. Bhari
- 2006 Sankaran Moitra v. Sadhna Das and Anr.
- 2004 M/s Zandu Pharmaceutical Works Ltd. and Ors. v. Md. Sharaful Haque and Ors.
- 2004 State of Orissa through Kumar Raghvendra Singh and Ors. v. Ganesh Chandra Jew
- 2000 Abdul Wahab Ansari v. State of Bihar and Anr.
- 1973 Pukhraj v. State of Rajasthan & Anr.
- 1959 K. Satw Ant Singh v. The State of Punjab
Where later benches applied it
- 2024 Gurmeet Kaur v. Devender Gupta & Another
- 2020 D. Devaraja v. Owais Sabeer Hussain
- 2016 Extra Judicial Execution Victim Families Association (eevfam) & Anr. v. Union of India & Anr.
- 2016 Devinder Singh & Ors. v. State of Punjab through Cbi
Of those, 4 relied on
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