Supreme Court of India
B.N. John v. State of U.P. & Anr.
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What the Court ordered
We are of the opinion that taking cognizance by the CJM, Varanasi, of the offences under Section 353 of the IPC and 186 of the IPC was not done by following the due process contemplated under the provisions of law, and accordingly, the same being contrary to law, all the orders passed pursuant thereto cannot be sustained and would warrant interference from this Court.
Judgment, page 28
From the headnote
Issue for Consideration Appellant herein has sought quashing of criminal proceedings arising under sections 353 and 186 of IPC. Headnotes† Penal Code, 1860 – s.353 and s.186 – According to the appellant, he is the owner of a hostel used for underprivileged children – Appellant alleges that the officials illegally conducted the raid on 03.06.2015 and sought to transfer the children accommodated in the said hostel to some other location – Appellant also contended that a false allegation was made against him that he, along with his party, had attacked and assaulted the officials while they were
Authorities it was built on
- 2011 State of Punjab v. Davinder Pal Singh Bhullar & Ors. Etc
- 1992 State of Haryana and Ors. Etc. Etc. v. Ch. Bhajan Lal and Another Etc. Etc.
- 1991 State of Bihar Etc. Etc. v. P.P. Sharma, Ias and Anr.
- 1960 R. P. Kapur v. The State of Punjab
- 2003 Superintendent of Police, C.B.I. and Ors. v. Tapan Kr. Singh
- 2004 M/s Zandu Pharmaceutical Works Ltd. and Ors. v. Md. Sharaful Haque and Ors.
- 1981 Gulam Abbas & Ors. v. State of U.P. & Ors.
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