VADIALA PANCHAL Vs. DATTATRAYA DULAJI GHADIGAONKER
LAWS(SC)-1960-5-6
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on May 06,1960

VADILAL PANCHAL Appellant
VERSUS
DATTATRAYA DULAJI GHADIGAONKAR Respondents


Referred Judgements :-

GULAB KHAN V. GULAM MUHAMMAD KHAN [REFERRED]
EMPEROR VS. JAFINAN [REFERRED]
TULSIDAS AMANMAL KARANI VS. SFBILLIMORIA [REFERRED]



Cited Judgements :-

NITIN GUPTA VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2020-6-66] [REFERRED TO]
JEETENDRA TYAGI VS. STATE OF U.P. [LAWS(ALL)-2021-12-82] [REFERRED TO]
DEEPAK KUMAR JAIN VS. STATE OF U.P. [LAWS(ALL)-2020-2-80] [REFERRED TO]
SAROJ PANDEY VS. STATE OF U.P. [LAWS(ALL)-2020-2-296] [REFERRED TO]
NITIN SHARMA @ NITIN KUMAR SHARMA VS. STATE OF U.P. [LAWS(ALL)-2020-1-183] [REFERRED TO]
GHANSHYAM SINGH VS. STATE OF U.P [LAWS(ALL)-2020-1-392] [REFERRED TO]
RAM CHANDRA TRIPATHI VS. STATE OF U.P. [LAWS(ALL)-2020-1-230] [REFERRED TO]
ALEEM HUSAIN VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-2-93] [REFERRED TO]
RAJENDRA SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-4-77] [REFERRED TO]
NANHEY SINGH AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-1-447] [REFERRED TO]
SMT. MANJU DEVI VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2017-4-6] [REFERRED TO]
YUNUS KHAN AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-5-572] [REFERRED TO]
LAXMI KANT SHARMA VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2017-6-46] [REFERRED TO]
VIRENDRA PAL SINGH AND OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-7-320] [REFERRED TO]
CHAMAN LAL VS. STATE OF U.P. & 2 OTHERS [LAWS(ALL)-2018-1-233] [REFERRED TO]
MAHESH KUMAR VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-1-419] [REFERRED TO]
ARVIND KUMAR MAHESHWARI AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-2-470] [REFERRED TO]
EXTACY PHARMACEUTICALS THROUGH ITS PROPRIETOR PARA VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-202] [REFERRED TO]
MANJU MANDAL AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-283] [REFERRED TO]
ANITA AND ANR VS. STATE OF U P AND ANR [LAWS(ALL)-2018-9-30] [REFERRED TO]
MADHU RANI CHAUDHARY VS. STATE OF U.P. [LAWS(ALL)-2019-10-159] [REFERRED TO]
MOBIN KHAN VS. STATE OF U.P. [LAWS(ALL)-2019-11-98] [REFERRED TO]
SUNITA DEVI VS. STATE OF U P [LAWS(ALL)-2019-1-234] [REFERRED TO]
MOHD. DANISH VS. STATE OF U.P. [LAWS(ALL)-2014-10-39] [REFERRED TO]
ANIL THATERA VS. STATE OF U.P. [LAWS(ALL)-2015-1-58] [REFERRED TO]
ASHOK KUMAR SHARMA VS. STATE OF U.P. [LAWS(ALL)-2015-1-156] [REFERRED TO]
RIYA LAVANIYA VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2015-1-243] [REFERRED TO]
AVNEESH BANSAL VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-1-223] [REFERRED TO]
HINDUSTAN DOMESTIC OIL & GAS CO LIMITED VS. STATE [LAWS(DLH)-2012-8-29] [REFERRED TO]
POOJA PAUL CHOUDHURY VS. ARNAB SAHA [LAWS(GAU)-2020-5-24] [REFERRED TO]
ARVIND NAVINCHANDRA MAFATLAL VS. PALAKAVAYALLI JOSEPH THOMAS [LAWS(BOM)-2010-4-143] [REFERRED TO]
MANNA LAL GUPTA VS. STATE OF U P [LAWS(ALL)-2009-2-150] [REFERRED TO]
BECHARBHAI SENDHIDAS PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2021-9-646] [REFERRED TO]
KANSARI MANDAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-2-116] [REFERRED TO]
DILIPBHAI KAMLAKANT PANDEY VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-576] [REFERRED TO]
SUNDER SINGH AND ORS VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2013-9-558] [REFERRED]
PARAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-7-420] [REFERRED TO]
T PARATHASARATHY VS. MADHU SANGAL [LAWS(MPH)-1990-4-11] [REFERRED TO]
GURLAL SINGH GREWAL VS. STATE OF PUNJAB [LAWS(P&H)-2008-7-20] [REFERRED TO]
G PRABAKARAN VS. SELVARAJ [LAWS(MAD)-2009-6-218] [REFERRED TO]
S S KHANNA VS. CHIEF SECRETARY PATNA [LAWS(SC)-1983-4-26] [RELIED ON]
HUKAM CHAND VS. STATE OF PUNJAB [LAWS(P&H)-1992-5-61] [REFERRED TO]
KARUMUTHU S CHOCKALINGAM VS. T KANNAPPAN [LAWS(MAD)-1976-1-3] [REFERRED TO]
M GOVINDARAJA PILLAI VS. THANGAVELU PILLAI [LAWS(MAD)-1983-1-75] [REFERRED TO]
SMT. PRABHA SAXENA VS. JAGDISH PRASAD [LAWS(RAJ)-1979-10-31] [REFERRED TO]
CH.RAGHUNANDAN VS. STATE OF TELANGANA [LAWS(TLNG)-2022-7-9] [REFERRED TO]
GANESH VS. STATE OF U.P. [LAWS(ALL)-2020-2-285] [REFERRED TO]
VIPUL LALWANI VS. STATE OF U.P. [LAWS(ALL)-2020-1-395] [REFERRED TO]
ASHISH KUMAR SINGH @ SONU AND 2 ANOTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-2-393] [REFERRED TO]
BALBIR SINGH AND OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-347] [REFERRED TO]
GHANSHYAM MISHRA VS. STATE OF U.P [LAWS(ALL)-2017-7-153] [REFERRED TO]
VIJAY RAGHAV AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-8-436] [REFERRED TO]
ANSAR AND 2 OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-1-155] [REFERRED TO]
VIKAS VERMAN VS. STATE OF U.P. [LAWS(ALL)-2015-2-229] [REFERRED TO]
SALEEM SAHJAD VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2020-6-75] [REFERRED TO]
PAMPE PATHAK VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2020-7-72] [REFERRED TO]
NISHANT VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2020-7-75] [REFERRED TO]
DR. KALAWATI SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2021-12-38] [REFERRED TO]
CENTRAL INDIA MACHINERY MANUFACTURING CO LTD VS. DHARAM VIR BEDI [LAWS(ALL)-1982-10-47] [REFERRED TO]
RENUPADA DUTTA VS. THE STATE [LAWS(CAL)-1962-8-32] [REFERRED TO]
GOOGLE INDIA PVT. LTD. VS. VINAY RAI AND ANR. [LAWS(DLH)-2012-1-627] [REFERRED TO]
KAMAL SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-12-61] [REFERRED TO]
ANIL KUMAR AGRAWAL VS. STATE OF U.P. [LAWS(ALL)-2015-1-54] [REFERRED TO]
ARVIND KUMAR VS. STATE OF U.P. [LAWS(ALL)-2015-1-117] [REFERRED TO]
VINOD KUMAR OBERAI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2015-1-228] [REFERRED TO]
MOHIT JAIN VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2015-1-242] [REFERRED TO]
ZILEDAR VS. STATE OF U P [LAWS(ALL)-1985-3-20] [REFERRED TO]
PRAKASH DEVI VS. STATE OF DELHI [LAWS(DLH)-2010-2-285] [REFERRED TO]
SIRIS KUMAR DAS VS. NAGENDRA NATH DAS [LAWS(GAU)-1987-4-4] [REFERRED TO]
SUBAL KUMAR DEY VS. APANGSHU MOHAN LODH [LAWS(GAU)-1998-12-23] [REFERRED TO]
K VASUDEVAN VS. STATE OF KERALA [LAWS(KER)-2004-6-29] [REFERRED TO]
ROHINI SINGH D/O LATE MR. M.B. SINGH & 6 VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2018-1-435] [REFERRED TO]
R.N. Sohankumar, S/o. R.D. Natraj and others VS. Sri. Sirajin Basha, S/o. Late T. Abdul Razaak [LAWS(KAR)-2011-7-231] [REFERRED TO]
AMRIK SINGH VS. STATE [LAWS(DLH)-1975-2-17] [REFERRED]
RAJ NARAIN VERMA VS. RAKESH KUMAR SINGH [LAWS(PAT)-2000-2-95] [REFERRED TO]
NAVPREET KUMAR AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2015-7-112] [REFERRED TO]
NIRMALJIT SINGH HOON VS. STATE OF WEST BENGAL [LAWS(SC)-1972-9-48] [RELIED ON]
STATE OF KARNATAKA VS. L MUNISWAMY [LAWS(SC)-1977-3-40] [RELIED ON]
STATE OF WEST BENGAL VS. MOHAMMAD KHALID:MOHAMMAD RASHID KHAN:ABDULAZIZ [LAWS(SC)-1994-11-83] [REFERRED TO]
TEJ PAL AND OTHERS VS. RAJU [LAWS(UTN)-2013-9-53] [REFERRED]
NAVDEEP SINGH VS. GULAB PREET KAUR [LAWS(P&H)-1990-8-56] [REFERRED TO]
GUNTHENA SHANKAR MAHA DEV VS. STATE OF TELANGANA [LAWS(TLNG)-2019-9-112] [REFERRED TO]
BIJAY SANKAR SAHA VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-4-31] [REFERRED TO]
AADARSH GUPTA VS. STATE OF U.P. & ANOTHER [LAWS(ALL)-2018-1-234] [REFERRED TO]
RAJENDRA & ANOTHER VS. STATE OF U P & ANOTHER [LAWS(ALL)-2018-1-287] [REFERRED TO]
HARVEER SINGH @ HARVEER SINGH CHAHAR VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-234] [REFERRED TO]
SHYAM NARAYAN SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-3-160] [REFERRED TO]
BAHADUR SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-4-178] [REFERRED TO]
ANAND VARDHAN VS. STATE OF U.P. [LAWS(ALL)-2017-4-199] [REFERRED TO]
JALEVSHRI & ANOTHER VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-3-418] [REFERRED TO]
ZIAHID ALI SIDDIQUI VS. STATE OF U.P. [LAWS(ALL)-2020-1-333] [REFERRED TO]
RAJKUMAR KAPOOR VS. STATE OF U.P. [LAWS(ALL)-2020-12-12] [REFERRED TO]
HODIL PRASAD SHARMA VS. STATE OF U.P. [LAWS(ALL)-2020-2-58] [REFERRED TO]
NITIN BHATIA VS. STATE OF U.P. [LAWS(ALL)-2020-3-68] [REFERRED TO]
RAMESHO VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2020-6-83] [REFERRED TO]
SAHAB SINGH AND 3 OTHERS VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2020-6-122] [REFERRED TO]
GODREJ AND BOYCE MANUFACTURING CO PRIVATE LIMITED VS. UNION OF INDIA [LAWS(BOM)-1991-11-34] [REFERRED TO]
PANCH NARAYAN VISHWAKARMA VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2020-7-110] [REFERRED TO]
T V SARMA VS. R MEERIAH [LAWS(APH)-1980-2-2] [REFERRED TO]
DURGA PRASAD VS. STATE OF U.P. [LAWS(ALL)-2012-12-151] [REFERRED TO]
ASHWANI KUMAR VS. STATE OF U.P. [LAWS(ALL)-2015-1-101] [REFERRED TO]
BIJENDRA VS. STATE OF U.P. [LAWS(ALL)-2014-10-30] [REFERRED TO]
REAR ADMIRAL REGD BALAKRISHNAN RAVI MANON VS. VANDANA JHINGAN [LAWS(DLH)-2002-2-85] [REFERRED = (AIR 1960 SC 1113) 3.]
NISHANT DESHDIPAK VARMA VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2015-11-139] [REFERRED]
PRITAM DASS VS. STATE [LAWS(DLH)-1986-3-50] [REFERRED TO]
AARTI HEJMADI VS. STATE [LAWS(DLH)-1998-9-119] [REFERRED TO]
JAI NARAIN VS. ZILEY SINGH [LAWS(DLH)-1981-7-18] [REFERRED]
BASUDEO VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1983-10-1] [REFERRED TO]
K L SACHDEVA VS. RAKESH KUMAR JAM [LAWS(ALL)-1983-5-48] [REFERRED TO]
SRI LANKA VENKATA SUBRAHMANYAM VS. THE STATE OF TELANGANA., REP. BY SPECIAL PP OF CBI, HYDERABAD [LAWS(APH)-2018-1-43] [REFERRED TO]
NIRANJAN PRASAD AGARWAL VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2000-3-176] [REFERRED TO]
SANGITA ASHOK BORAWAR VS. SUREKHA NANDU BORAWAR [LAWS(BOM)-2010-8-61] [REFERRED TO]
TARA DUTT VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1991-1-3] [REFERRED TO]
PERVEEN RANA VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-2-146] [REFERRED TO]
A S PURI VS. K L AHUJA [LAWS(DLH)-1970-4-5] [REFERRED]
DOLLYBEN KANTILAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2019-6-251] [REFERRED TO]
M. KUNHAYISU& OTHERS VS. P. KALLYANI & ANOTHER [LAWS(KER)-1985-2-30] [REFERRED TO]
MANOJ RANJAN NAYAK VS. PURNA CHANDRA DAS [LAWS(ORI)-2014-3-1] [REFERRED TO]
VANROSE VS. SILVESTER RAJ [LAWS(MAD)-1993-8-26] [REFERRED TO]
DALJIT KAUR VS. STATE [LAWS(ORI)-1968-2-2] [REFERRED TO]
CHABILAL GURUNG VS. KRISHNA BAHADUR GURUNG [LAWS(SC)-1983-10-45] [REFERRED TO]
QUARK CITY INDIA PVT. LTD. VS. S. RAKSHIT [LAWS(P&H)-2015-9-51] [REFERRED TO]
ABDUL SHUBHAN MIAN VS. STATE [LAWS(PAT)-2002-1-52] [REFERRED TO]
BHURA AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1978-9-24] [REFERRED TO]
SHIVJEE SINGH VS. NAGENDRA TIWARY [LAWS(SC)-2010-7-22] [REFERRED TO]
MOHD NASIR ALAM VS. STATE OF BIHAR [LAWS(PAT)-1997-1-86] [REFERRED TO]
RAM DAI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2013-9-15] [REFERRED TO]
MOHD UMAR AND OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-377] [REFERRED TO]
DAYA SHANKAR NISHAD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2015-3-290] [REFERRED TO]
ATUL KUMAR JAIN AND 6 OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-5-525] [REFERRED]
MAHIPAL SINGH AND OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-413] [REFERRED TO]
YOGESH KUMAR OJHA VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-428] [REFERRED TO]
SANJEEV KUMAR GUPTA VS. STATE OF UTTAR PARDESH [LAWS(ALL)-2017-5-303] [REFERRED TO]
INDRA PAL SINGH RANA VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-9-264] [REFERRED TO]
LAJPAT VS. STATE OF U.P. [LAWS(ALL)-2018-9-226] [REFERRED TO]
ARPIT KUMAR PANDEY VS. STATE OF U.P. [LAWS(ALL)-2020-1-359] [REFERRED TO]
AJAI KUMAR PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-12-316] [REFERRED TO]
RAM AGRAHARI VS. STATE OF U.P. [LAWS(ALL)-2020-6-181] [REFERRED TO]
JUGAL KISHORE DHANDHANIA VS. STATE [LAWS(CAL)-1971-4-4] [REFERRED TO]
BIRENDRA CHAURASIA VS. STATE OF WEST BENGAL AND ANOTHER [LAWS(CAL)-2006-3-91] [REFERRED]
STATE OF GUJARAT VS. DEEPAK JASVANTLAL SHETH [LAWS(GJH)-1998-1-23] [REFERRED TO]
STATE OF GUJARAT VS. BAVABHAI NAGJIBHAI [LAWS(GJH)-1962-12-10] [REFERRED]
DHARMA @ DHARMVEER VS. STATE OF U P [LAWS(ALL)-2014-8-109] [REFERRED TO]
SUNITA VS. STATE OF U.P. [LAWS(ALL)-2015-1-127] [REFERRED TO]
SWAPAN DAS VS. STATE OF UTTAR PRADESH & ANOTHER [LAWS(ALL)-2015-1-257] [REFERRED]
TATA MOTORS LTD. VS. STATE AND ORS. [LAWS(DLH)-2015-2-319] [REFERRED TO]
MOHANBHAI CHHOTUBHAI PATEL & 2 ORS VS. STATE OF GUJARAT & 1 ORS [LAWS(GJH)-2014-11-225] [REFERRED]
BHAI MUKAND SINGH VS. LADHA SINGH [LAWS(DLH)-1973-9-24] [REFERRED .2.]
CHANDRU DEO SINGH VS. PROKASH CHANDRA BOSE ALIAS CHABI BOSE [LAWS(SC)-1963-1-7] [REFERRED TO]
NAGAWWA VS. VEERANNA SHIVALINGAPPA KONJALGI [LAWS(SC)-1976-4-47] [FOLLOWED]
ROSY VS. STATE OF KERALA [LAWS(SC)-2000-1-242] [REFERRED]
RAVI KANT KAPOOR VS. DEPUTY CHIEF CONTROLLER OF IMPORTS AND EXPORTS [LAWS(P&H)-2000-8-136] [REFERRED TO]
MADHAV CHANDRA RANSINGH VS. BIJOY KUMAR TRIPATHI [LAWS(ORI)-1994-11-24] [REFERRED TO]
JARNAIL SINGH VS. STATE OF HARYANA [LAWS(SC)-2003-4-117] [REFERRED]
VIJAY KUMAR VS. BACHNU [LAWS(P&H)-1987-8-73] [REFERRED TO]
UNION OF INDIA VS. SUDEEP PATEL AND OTHERS [LAWS(MPH)-2015-11-109] [REFERRED]
AMAR SINGH VS. S. R. RANA [LAWS(HPH)-2021-5-31] [REFERRED TO]
AMAR SINGH VS. S. R. RANA [LAWS(HPH)-2021-5-31] [REFERRED TO]
PRAMATHA NATH TALUKDAR SURENDRA MOHAN BASU VS. SAROJ RANJAN SARKAR [LAWS(SC)-1961-12-27] [RELIED ON]
HABIB KHAN VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-1983-7-48] [REFERRED TO]
MOHAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1993-11-27] [REFERRED TO]
S M AKHTAR VS. STATE OF BIHAR [LAWS(PAT)-1986-5-26] [REFERRED TO]
CAPTAIN MAYANK KUKRETI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2014-3-74] [REFERRED TO]
ISHWAR VS. STATE OF UTTARAKHAND & ANOTHER [LAWS(UTN)-2017-3-75] [REFERRED TO]
MOHAMMAD SHAKIR VS. STATE OF U.P. [LAWS(ALL)-2020-1-409] [REFERRED TO]
AKHTAR ALI VS. STATE OF U.P. [LAWS(ALL)-2020-2-47] [REFERRED TO]
PRATEEK MANGALIK VS. STATE OF U.P. [LAWS(ALL)-2020-2-259] [REFERRED TO]
JAIVEER SINGH VS. STATE OF U.P. [LAWS(ALL)-2020-2-358] [REFERRED TO]
AWDHESH KUMAR SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2019-7-333] [REFERRED TO]
DILIP KUMAR VS. STATE OF UP AND ANOTHER [LAWS(ALL)-2018-5-102] [REFERRED TO]
MANJU MANDAL VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-4-245] [REFERRED TO]
ANJANI KUMAR MISHRA VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2016-5-414] [REFERRED]
JANARDAN CHAUDHARY VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-2-302] [REFERRED TO]
MURTI DEVI AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-3-399] [REFERRED TO]
DEEPAK AND OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-346] [REFERRED TO]
KRISHNA GOPAL SHARMA VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-417] [REFERRED TO]
SAURENDRA MOHAN BASU VS. SAROJ RANJAN SARKAR [LAWS(CAL)-1960-12-9] [REFERRED TO]
DILIP KUMAR MISHRA VS. STATE OF U.P. [LAWS(ALL)-2013-1-3] [REFERRED TO]
SAIYAD MUSTAQ ALI VS. STATE OF U P [LAWS(ALL)-2012-11-66] [REFERRED TO]
M RAMESH BABU VS. STATE OF A P [LAWS(APH)-2004-10-53] [REFERRED TO]
STATE OF H.P. VS. PREM SINGH AND ORS. [LAWS(HPH)-2010-2-54] [REFERRED TO]
BISWAJIT MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-5-60] [REFERRED TO]
VENUGOPALAN VS. PRAKASAN [LAWS(KER)-1985-6-36] [REFERRED TO]
M KUNHAYISU VS. P KALLYANI [LAWS(KER)-1986-2-6] [REFERRED TO]
BIJAY KUMAR TRIPATHY VS. STATE OF JHARKHAND AND ANOTHER [LAWS(JHAR)-2017-12-165] [REFERRED TO]
AMIT GUPTA VS. STATE OF HARYANA [LAWS(P&H)-2014-4-462] [REFERRED TO]
RAJENDRA AGRAWAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1988-9-33] [REFERRED TO]
VINOD DOSHI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1989-11-30] [REFERRED TO]
ASHOK AMBALAL SHAH VS. GURUVACHAN [LAWS(MPH)-1991-9-26] [REFERRED TO]
PRAVEEN VS. STATE OF KERALA [LAWS(KER)-2014-6-202] [REFERRED TO]
ALOSHIA JOJEPH VS. REV DR JOSEPH KOLLAMPARAMBIL [LAWS(KER)-2008-11-13] [REFERRED TO]
KARTIKESWAR NAYAK VS. KARADI JAGANNATH [LAWS(ORI)-1985-11-1] [REFERRED TO]
SUMANJIT SINGH VS. SATISH KUMAR [LAWS(P&H)-1992-5-71] [REFERRED TO]
SITA RAM SON OF DHANI RAM VS. SHAKUNTLA DEVI [LAWS(P&H)-1991-2-46] [REFERRED TO]
V C SHUKLA VS. STATE [LAWS(SC)-1979-12-28] [CITED]
SAMTA NAIDU VS. STATE OF MADHYA PRADESH [LAWS(SC)-2020-3-12] [REFERRED TO]
VAKEEL AHMAD VS. STATE OF U.P. [LAWS(ALL)-2020-2-354] [REFERRED TO]
SHAHNAWAG AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-3-10] [REFERRED TO]
HARPRIT SINGH AND OTHERS VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2017-4-420] [REFERRED TO]
AMAR SINGH VS. STATE OF U P [LAWS(ALL)-2018-1-169] [REFERRED TO]
ANKIT GUPTA VS. STATE OF U P AND ANR [LAWS(ALL)-2018-10-98] [REFERRED TO]
INDRAKESH YADAV AND ANOTHER VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2018-3-356] [REFERRED TO]
GIRISH KUMAR GUPTA VS. STATE OF U.P. AND ANR. [LAWS(ALL)-2018-7-271] [REFERRED TO]
NARENDRA MOHAN GUPTA @ DEVI VS. STATE OF U.P. [LAWS(ALL)-2019-12-137] [REFERRED TO]
INDU SINGH VS. STATE OF U P AND ANOTHER [LAWS(ALL)-2019-5-37] [REFERRED TO]
SHAVEZ VS. STATE OF U. P. [LAWS(ALL)-2019-11-540] [REFERRED TO]
RAVI SHARMA VS. STATE OF U.P. [LAWS(ALL)-2020-1-397] [REFERRED TO]
KAMLESH KASHYAP VS. STATE OF U.P. [LAWS(ALL)-2020-1-408] [REFERRED TO]
MOHANLAL HARBANS LAL BHAYANA AND CO VS. OK PLAY INDIA LIMITED [LAWS(DLH)-1998-9-45] [REFERRED]
RANJIT SINGH RANA VS. GOVT OF NCT OF DELHI [LAWS(DLH)-1998-9-69] [REFERRED]
KRISHNA MURARI PODDAR VS. STATE [LAWS(DLH)-1999-1-63] [REFERRED]
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JUDGEMENT

S.K.DAS - (1.)This is an unfortunate case in which a complaint filed in the Court of the Presidency Magistrate, Bombay on 31-10-1956, by one Dattatraya Dulaji Ghadigaonkar, respondent herein, has to be finally disposed of in the year 1960 in circumstances which we shall state at once. On 3-6-1956, in the evening, a public meeting was held at a place called Chowpatty in Bombay which was to be addressed by the Prime Minister of India. The meeting was called in connection with an agitation which was then going on for the reorganisation of the State of Bombay. There was considerable disturbance at the meeting as a result whereof it had to be dispersed, and large crowds of people began to wander about in various localities around Chowpatty including an area round charni Road Station. The case of the complaining respondent was that at about 8 p.m., his younger brother Sitaram was crossing Queen's Road near a building called Laud Mansion. At that time there was a large crowd on the road and members of that crowd were stopping vehicles passing by that road. One taxi cab which had come from the direction of the Opera House and was going towards Churchgate was already stopped. Sitaram was then accompanied by Sashikant Kamtekar and Nand Kumar Vagal. When these three had crossed the road, they heard the reports of revolver shots and on looking back they found that a person called Bhayya was injured by one of the shots and fell down on the footpath. Sitaram and his friends went to help Bhayya; at this stage, another shot was fired by one of the occupants of a blue car which was near the taxi cab referred to earlier, Sitaram was hit on his chest, and the bullet having entered the chest cavity injured the right ventricle of the heart. Sitaram was removed to the G. T. Hospital but died before medical assistance could be given. Dr. H. S. Mehta, Police Surgeon, who made a post-mortem examination of the dead body opined that Sitaram died of shock and haemorrhage as a result of the gun shot wound he had received. The doctor further said that the charring round the wound indicated that the shot had been fired from a distance of 2 to 18 inches only.
(2.)THE case of the respondent was that Vadilal Panchal, appellant before us, fired the shot from the blue car. THE occupants of the car were K. K. Shah, advocate, his son Vinay, and one Ratilal Sanghvi on the back seat, and the appellant and chauffeur Mohiuddin on the front seat. K. K. Shah was mentioned in the complaint as one of the complainant's witnesses. He was examined and said that after the meeting was over, he and his companions were returning in his car to his house. Because of the trouble, the car travelled by a longer route and when it reached Queen's Road, there were large crowds on that road who were pelting stones, shouting slogans and committing other acts of violence: a public bus was burnt, and a taxi cab which was proceeding ahead of K. K. Shah's car was stopped. Some three or four hundred people surrounded his car, pelted stones and shouted "maro, maro". Some of them attempted to drag out Ratilal Sanghvi who occupied a corner seat; some caught hold of the appellant by his neck and hair and wanted to drag him out of the car. THE appellant then opened fire with his revolver. THE rioters then held back, and the way was clear for the car to pass. THE car then drove away and after some time K. K. Shah and the appellant went to Gamdevi Police Station where the latter made a report of what had happened. THE appellant was sent to Nair Hospital where he was medically treated and allowed to go.
The Coroner of Bombay held an inquest into the death of Sitaram at which K. K. Shah, Sashikant Kamtekar and several other witnesses were examined. The Coroner's Jury returned a verdict that Sitaram died of the gunshot wound caused by a bullet fired by the appellant "under such circumstances as would render the firing to be in the exercise of the right of private defence and as such justified". This verdict was returned on 16-10-1956. Sometime earlier, on 3-7-1956, to be precise, the complaining respondent had made an enquiry through his advocate from the Commissioner of Police, Bombay as to whether the appellant had been arrested: the reply received was that the enquiries made by the police did not reveal any offence having been committed by the appellant and the police proposed to take no action.

(3.)ON 31-10-1956, the respondent filed his complaint. The learned Presidency Magistrate to whom the complaint was made referred it to the Superintendent of Police, C. I. D., for enquiry and report. Presumably, he acted under S. 202, Cr. P. C. ON 15-11-1956, the Superintendent of Police submitted the report of his Inspector in which it was stated:
From the exhaustive enquiries made immediately after the incident it was disclosed that Shri Vadilal Panchal was justified in resorting to firearms in self-defence of himself and other occupants of the motor car.

ON 17-1-1957, the learned Magistrate gave the respondents another opportunity to examine his witnesses before the enquiring officer, because by reason of a revision application made to the High Court earlier against the order referring the case to the police for enquiry, the respondent did not produce his witnesses before the enquiring officer. The enquiring officer then examined all the witnesses and submitted his report on 12-3-1957. This time also the enquiring officer said:

From their statements and other evidence on record, it is clear that Shri Wadilal Panchal opened fire in the exercise of his right of private defence, which verdict the learned Coroner's Jury also brought after a protracted hearing of the Inquest Proceedings. Copies of all statements recorded by me, are attached for reference."

ON 30-4-1957, the learned Presidency Magistrate considered the report of the enquiring officer in great detail with reference to the statements of all the witnesses and said:

"The Police have recorded in detail the statements of all witnesses produced by the complainant as well as of all the occupants of the car. There is therefore, material on record showing fully whether the circumstances existed making out the right of private defence available to the accused. The fact whether the case falls within one of exceptions or not can be established on the evidence of the witnesses produced by the prosecution itself though of course the burden of proof lies on the accused. From the statements, recorded by the Police in this case and from the surrounding circumstances of the case, I have come to the definite conclusion that the report of the police stating that the shot was fired by the accused in self defence is true. As I have stated the statement of the police surgeon conclusively supports the conclusion. I have come to the conclusion that the statements of the four eye witnesses brought by the complainant are false. These eye witnesses are not credible witnesses. It will be harassment to the accused and waste of public time if any process is issued in this case."

Accordingly, he dismissed the complaint under S. 203, Cr. P. C.

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