R R CHARI Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1951-3-8
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 19,1951

R.R.CHARI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

GOPAL MARWARI VS. EMPEROR [REFERRED]



Cited Judgements :-

KHIMBHADHUR PALSHIRAM THAPA VS. STATE OF MAHARASHTRA [LAWS(BOM)-1989-2-65] [REFERRED TO]
K G SHARMA VS. PRATAP AUTOWHEELS [LAWS(RAJ)-2002-1-94] [REFERRED TO]
SATYA NARAIN GUPTA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-2-48] [REFERRED TO]
LAXMA VS. JAGDISH [LAWS(RAJ)-2013-3-29] [REFERRED TO]
ANIL KUMAR SHUKLA VS. STATE OF U P [LAWS(ALL)-2007-12-83] [REFERRED TO]
SANDEEP KUSHWAHA VS. STATE OF M.P. [LAWS(MPH)-2014-10-7] [REFERRED TO]
PHOOL SINGH VS. STATE OF U P [LAWS(ALL)-1984-8-23] [REFERRED TO]
GULAM MOHD KABIR MOHD MIR ALIAS GULMIR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-1-132] [REFERRED TO]
STATE OF H.P. VS. BALAK RAM [LAWS(HPH)-1997-10-2] [REFERRED]
STATE OF KERALA VS. BALAKRISHNAN [LAWS(KER)-1991-8-33] [REFERRED TO]
K VENUGOPALAN VS. STATE OF KERALA [LAWS(KER)-2002-9-30] [REFERRED TO]
GOREMIYA VS. STATE OF A P [LAWS(APH)-2007-11-84] [REFERRED TO]
K. RATNA PRABHA VS. STATE OF TELANGANA [LAWS(APH)-2017-6-42] [REFERRED TO]
SANTOSH KUMAR GAUTAM VS. STATE OF U. P. [LAWS(ALL)-2021-3-131] [REFERRED TO]
RAMESH YADAV VS. STATE OF U.P. [LAWS(ALL)-2022-5-72] [REFERRED TO]
S AMRIK SINGH LYALLPURI VS. RAVI DUTT SHARMA [LAWS(DLH)-1975-1-6] [REFERRED]
HARGOVANBHAI SOMABHAI PATEL & ANR. VS. PARSHOTTAMBHAI CHHINKUMAL CHIMNANI & ANR. [LAWS(GJH)-2017-12-293] [REFERRED TO]
LAL SINGH VS. BHARAT SANGH [LAWS(ALL)-2014-5-116] [REFERRED TO]
INSTITUTE OF CARDIO VASCULAR DISEASES VS. MRS SARAH MATHEW [LAWS(MAD)-2002-7-204] [REFERRED TO]
D RAJAGOPALA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1959-8-19] [REFERRED TO]
PRAKASH S/O SIDDAPPA VADRATTI VS. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PRO [LAWS(KAR)-2018-3-305] [REFERRED TO]
BRAJABANDHU BEHERA VS. BARGARH CEMENT LTD. AND ANOTHER [LAWS(ORI)-2018-4-115] [REFERRED TO]
DILAWAR SINGH VS. STATE OF DELHI [LAWS(SC)-2007-9-87] [REFERRED TO]
SENTU DEY VS. STATE OF TRIPURA [LAWS(TRIP)-2021-5-18] [REFERRED TO]
NARESH CHAND JAIN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1990-11-24] [REFERRED TO]
NILESH DAULATRAO LAKHANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-9-177] [REFERRED TO]
DILIPKUMAR DANABHAI RATHOD VS. STATE OF GUJARAT [LAWS(GJH)-2021-12-114] [REFERRED TO]
B.S. NANDA KUMAR SINGH VS. STATE [LAWS(KAR)-2020-11-217] [REFERRED TO]
SYED AHMED VS. STATE [LAWS(KAR)-2020-11-369] [REFERRED TO]
UNION OF INDIA VS. PRAHLAD SINGH [LAWS(MPH)-1992-5-7] [REFERRED TO]
STATE OF MAHARASHTRA VS. HARSHAD K SHAH [LAWS(BOM)-1980-9-8] [REFERRED TO]
KAMAL KUMAR NAROTTAM DASH PAREKH VS. SUPERINTENDENT ADMINISTRATION REGIONAL PASSPORT OFFICE [LAWS(CAL)-2009-8-97] [REFERRED TO]
YOGESH MITTAL VS. ENFORCEMENT DIRECTORATE [LAWS(DLH)-2017-9-100] [REFERRED TO]
JAI SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2009-8-78] [REFERRED TO]
DWARKA PRASAD AGARWAL VS. KRISHNA CHANDRA [LAWS(ALL)-1953-3-18] [REFERRED TO]
BADRI PRASAD GUPTA VS. KRIPA SHANKER TEWARI [LAWS(ALL)-1966-12-7] [REFERRED TO]
MANISHA MADHKAR MATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-10-14] [REFERRED TO]
S. BALA KRISHNA VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2016-1-41] [REFERRED TO]
DHARMESH ALIAS NANNU NITINBHAI SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2001-11-34] [REPORTED IN 3.]
VENKATARAMANA VS. GOVERNMENT OF MYSORE [LAWS(KAR)-1951-8-5] [REFERRED TO]
BHOLA RANA VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-7-41] [REFERRED TO]
DR. ZAKIR ABDUL KARIM NAIK VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2018-4-486] [REFERRED TO]
PAPPAYAMMAL VS. ARUMUGHAM [LAWS(MAD)-1978-1-1] [REFERRED TO]
JASWANT RAI AND OTHERS VS. SHRIMATI KANWAL RANI [LAWS(P&H)-1963-2-24] [REFERRED TO]
RATNESH JAISWAL VS. STATE OF U.P. [LAWS(ALL)-2013-10-2] [REFERRED TO]
RAJENDRA PRASAD HANSARIA VS. PRAVEEN JAIN [LAWS(GAU)-2012-7-20] [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]
Kailas Tewari VS. State of Bihar [LAWS(PAT)-1978-8-7] [REFERRED TO]
BIJAY SANKAR SAHA VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-4-31] [REFERRED TO]
BIJAY SANKAR SAHA VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-4-31] [REFERRED TO]
KAILASH RAJPUT VS. INTELLIGENCE OFFICER, AIR INTELLIGENCE UNIT, CUSTOMS [LAWS(BOM)-2014-2-74] [REFERRED TO]
JSW STEEL LIMITED VS. DEPUTY DIRECTOR [LAWS(KAR)-2022-6-948] [REFERRED TO]
NIRMALJIT SINGH HOON VS. STATE OF WEST BENGAL [LAWS(SC)-1972-9-48] [RELIED ON]
JAMUNA SINGLI VS. BHADAI SHAH [LAWS(SC)-1963-10-10] [REFERRED TO]
AMULYA KUMAR DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2001-10-59] [REFERRED]
RAMESHWAR LAL VS. SUBHASH CHANDRA [LAWS(RAJ)-2006-4-228] [REFERRED TO]
STANLY VARGHESE VS. MOHAMMED HANEEF [LAWS(KER)-2015-11-148] [REFERRED TO]
IN RE : DEEPAK AGRAWAL VS. STATE [LAWS(MPH)-2008-9-86] [REFERRED TO]
SANT RAM VS. DASHRATH AND OTHERS [LAWS(ALL)-1967-11-38] [REFERRED TO]
BASUDEO VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1983-10-1] [REFERRED TO]
RAVISH CHANDRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1985-10-36] [REFERRED TO]
RAM SINGH KASWA AND ORS. VS. CBI AND ORS. [LAWS(RAJ)-2015-9-47] [REFERRED TO]
HIRJI T SANGHAVI VS. STATE OF GUJARAT [LAWS(GJH)-1979-9-6] [REFERRED TO]
SMT. LAXMI DEVI, W/O VIJAI PRATAP SINGH VS. STATE OF U.P. AND ANOTHER [LAWS(ALL)-2017-7-291] [REFERRED TO]
SEEMA DEVI VS. STATE OF U.P. [LAWS(ALL)-2018-9-248] [REFERRED TO]
INDRESH SHARMA VS. HEERA BAI [LAWS(CHH)-2015-2-4] [REFERRED TO]
G N DASS VS. STATE [LAWS(MAD)-1981-9-54] [REFERRED TO]
PUBLIC PROSECUTOR VS. JAGANNADHAM [LAWS(APH)-1960-8-8] [REFERRED TO]
ASHOK RAJARAM RAUL VS. MANDAR PRAMOD VICHARE [LAWS(BOM)-2021-5-31] [REFERRED TO]
SUNILAKHYA CHOWDHURY VS. H M JADWET [LAWS(CAL)-1967-9-5] [REFERRED TO]
GIANI RAM VS. ATTAR CHAND [LAWS(P&H)-1959-5-4] [REFERRED TO]
STATE OF KARNATAKA VS. PASTOR P RAJU [LAWS(SC)-2006-8-27] [REFERRED TO]
SARAH MATHEW VS. INSTITUTE OF CARDIO VASCULAR DISEASES BY ITS DIRECTOR K.M.CHERIAN [LAWS(SC)-2013-11-23] [REFERRED TO]
DINESHKUMAR AMTHABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2021-6-46] [REFERRED TO]
NAGARAJA RAO C.H. VS. S.K. SHESHACHANDRIKA [LAWS(KAR)-2019-10-104] [REFERRED TO]
C.M.N. SHASTRY VS. STATE BY HONNAVARA POLICE STATION [LAWS(KAR)-2020-2-191] [REFERRED TO]
STATE OF KERALA P KOMU AND MAMMOOTTY VS. EXECUTIVE OFFICER NEDIYIRUPPU PANCHAYAT [LAWS(KER)-1968-4-2] [REFERRED TO]
STATE UNION OF INDIA VS. V L JAIN [LAWS(MPH)-1982-1-4] [REFERRED TO]
VINODBHAI RAMJIBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-12-65] [REFERRED TO]
RAM PADARATH SINGH VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2014-10-32] [REFERRED TO]
SHARADCHANDRA VINAYAK DONGRE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1991-2-31] [REFERRED TO]
ANOWAR HUSSAIN VS. AJOY KUMAR MUKHERJEE [LAWS(GAU)-1958-6-4] [REFERRED TO]
ASHA DAS VS. STATE [LAWS(GAU)-1952-7-5] [REFERRED TO]
MUHAMMED V A VS. STATE OF KERALA [LAWS(KER)-2018-12-24] [REFERRED TO]
ANUPAMA T. V. VS. STATE OF KERALA [LAWS(KER)-2021-3-106] [REFERRED TO]
ABDUL REHMAN SHEIKH VS. MUKUT BHATTACHARYA [LAWS(GAU)-2012-1-17] [REFERRED TO]
RAMLAKHAN MAHTO VS. RAMESHWAR MAHTO [LAWS(PAT)-1974-2-12] [REFERRED TO]
DILIP KUMAR KUNDU VS. MADAN CHANDRA DEY [LAWS(PAT)-1991-2-2] [REFERRED TO]
MORESHWAR S O DEORAOJI DATE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-7-78] [REFERRED TO]
CHANDRAGONDA SHIVGONDA PATIL VS. D B POWAR : B R TAWASE : STATE OF MAHARASHTRA [LAWS(BOM)-2007-11-195] [REFERRED]
GOVIND RAM VS. MEHAR CHAND [LAWS(HPH)-2013-9-51] [REFERRED TO]
L S AHOKAN VS. STATE OF KERALA [LAWS(KER)-2005-8-27] [REFERRED TO]
MOHD SIDDIQ ALI KHAN VS. SHAHSUN FINANCE LTD [LAWS(APH)-2005-3-58] [REFERRED TO]
ABDUL KHADAR MOHAMMAD GOUS ATTIGERI VS. STATE [LAWS(KAR)-1983-6-12] [REFERRED TO]
BANDI KOTAYYA VS. STATE S H O NANDIGAMA [LAWS(APH)-1965-8-30] [REFERRED TO]
SHAKAMURI APPARAO VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1996-7-75] [REFERRED TO]
AJIT KUMAR PALIT VS. STATE [LAWS(CAL)-1961-5-14] [REFERRED TO]
PUKHRAJ VS. SHESHMAL [LAWS(RAJ)-1960-8-15] [REFERRED TO]
NAKODA LAMINATORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-55] [REFERRED]
PRASAD SHRIKANT PUROHIT VS. STATE OF MAHARASHTRA AND ORS. [LAWS(SC)-2015-4-38] [REFERRED TO]
DHARAM CHAND KHATTER VS. STATE OF NCT OF DELHI [LAWS(DLH)-2010-5-32] [REFERRED TO]
H. SAJJAD WAHAB VS. STATE OF KARNATAKA [LAWS(KAR)-2020-11-88] [REFERRED TO]
M.R.BHAT VS. INDIA AWAKE FOR TRANSPARENCY [LAWS(KAR)-2020-5-4] [REFERRED TO]
VISHWANATH @ VISHU PHANIRAJ GOPI BHAT VS. STATE OF KARNATAKA [LAWS(KAR)-2020-5-129] [REFERRED TO]
SRI ABRAHAM T.J. S/O LATE SRI JOSEPH T.A. VS. SRI B.S. YEDIYURAPPA S/O LATE SRI SIDDALINGAPPA [LAWS(KAR)-2022-9-3] [REFERRED TO]
CHEERAN SANKARAN VS. NARAYANAN RAJAPPAN [LAWS(KER)-1966-7-15] [REFERRED TO]
HEMLATA VS. GYANCHANDRA [LAWS(MPH)-1987-3-58] [REFERRED TO]
STATE OF WEST BENGAL VS. BEJOY KUMAR BOSE [LAWS(SC)-1977-12-2] [CITED]
P C GULATI IN ALL APPEALS VS. LAJYA RAIN IN ALL APPEALS [LAWS(SC)-1965-8-26] [REFERRED]
STATE OF MAHARASHTRA VS. SHANKAR BHAURAO KHIRODE [LAWS(BOM)-1958-10-4] [REFERRED TO]
SANJAY KAPOOR VS. C B I AND ANR [LAWS(CAL)-2001-9-70] [REFERRED]
GOPAL DAS SINDHI AND ORS. VS. THE STATE AND ANR. [LAWS(GAU)-1959-5-4] [REFERRED TO]
SUSHEELA DEVI VS. MUNISH KAPOOR [LAWS(J&K)-2009-9-22] [REFERRED]
HAKAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1986-10-7] [REFERRED TO]
RAMAN LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-4-82] [REFERRED TO]
DAU DAYAL VS. STATE [LAWS(ALL)-1958-5-1] [REFERRED TO]
RAM LOTAN PANDEY VS. STATE [LAWS(ALL)-1969-11-28] [REFERRED TO]
THAN SINGH VS. STATE [LAWS(ALL)-1979-3-57] [REFERRED TO]
STATE OF KARNATAKA VS. PASTOR P RAJU [LAWS(BOM)-2006-8-224] [REFERRED TO]
ALOSHIA JOJEPH VS. REV DR JOSEPH KOLLAMPARAMBIL [LAWS(KER)-2008-11-13] [REFERRED TO]
LOKESH KUMAR DWIVEDI VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-3-103] [REFERRED TO]
BABU @ NASEEM VS. STATE OF U.P. [LAWS(ALL)-2021-3-115] [REFERRED TO]
PRAMODBHAI ARVINDBHAI PATEL AND ORS. VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2020-1-224] [REFERRED TO]
KUNHABDULLA VS. KUNHAMMED [LAWS(MAD)-1988-1-38] [REFERRED TO]
PRADEEP RAMCHANDRA VELIP VS. STATE OF GOA, THROUGH POLICE INSPECTOR [LAWS(BOM)-2018-1-171] [REFERRED TO]
A K ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-1961-10-1] [REFERRED TO]
N.C. SHIVAKUMAR AND ANOTHER VS. STATE [LAWS(KAR)-2016-9-14] [REFERRED]
BAGAVATHIAPPAN PILLAI VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2013-4-14] [REFERRED TO]
SHRI JUG LAL VS. THE STATE OF HARYANA AND ANOTHER [LAWS(P&H)-1976-1-25] [REFERRED TO]
RAM PAT AND ANOTHER VS. STATE AND ANOTHER [LAWS(P&H)-1962-2-17] [REFERRED TO]
MAHADEO SINGH VS. GAJE SINGH [LAWS(RAJ)-1986-4-18] [REFERRED TO]
VANEY SINGH VS. STATE [LAWS(RAJ)-1970-10-16] [REFERRED TO]
DHARMESH ALIAS NANU NITINBHAI SHAH VS. STATE OF GUJARAT [LAWS(SC)-2002-8-119] [REFERRED]
S K SINHA VS. VIDEOCON INTERNATIONAL LTD [LAWS(SC)-2008-1-129] [REFERRED TO]
DR. NAZRUL ISLAM VS. BASUDEB BANERJEE [LAWS(CAL)-2022-1-33] [REFERRED TO]
SHYAM SUNDER SARMA VS. STATE OF ASSAM [LAWS(GAU)-1987-3-1] [RELIED ON]
AVTAR SINGH VS. ANDREW YULE AND COMPANY LTD [LAWS(GAU)-2007-6-26] [REFERRED TO]
SHEONARAYAN JAISWAL VS. STATE OF BIHAR [LAWS(PAT)-1952-2-4] [REFERRED TO]
O P SINGHI VS. STATE OF SIKKIM [LAWS(SIK)-1978-8-1] [REFERRED TOAT P. 210) : (52 CRI LJ 775 AT P. 777).]
SURAJ MAL VS. STATE OF U P [LAWS(ALL)-1992-8-65] [REFERRED TO]
STAR INDIA PRIVATE LTD VS. UNION OF INDIA [LAWS(BOM)-2010-12-20] [REFERRED TO]
ASGAR KHAN VS. STATE, REPRESENTED BY SUPERINTENDENT OF POLICE [LAWS(KAR)-2020-11-151] [REFERRED TO]
MOWU VS. SUPERINTENDENT SPECIAL JAIL NOWGONG ASSAM [LAWS(SC)-1970-12-31] [REFERRED TO]
REGIONAL PROVIDENT FUND COMMISSIONER WEST BENGAL VS. RAJ KUMAR NEMANI [LAWS(CAL)-1994-11-2] [REFERRED TO]
MOHAMMAD RASHID KHAN VS. STATE OF WEST BENGAL [LAWS(CAL)-1994-4-19] [REFERRED TO]
AJAY KUMAR GEHLOT VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-11-76] [REFERRED TO]
HARBHAJAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2001-5-19] [REFERRED TO]
L RAM NARAIN SINGH VS. A SEN [LAWS(ALL)-1957-12-15] [REFERRED TO]
FRANK DALTON LARKINS VS. STATE [LAWS(DLH)-1984-9-30] [REFERRED TO]
STATE CIRCLE INSPECTOR OF EXCISE CANNUR VS. STATE [LAWS(KER)-1991-8-32] [REFERRED TO]
GOPAL DAS SINDHI VS. STATE OF ASSAM [LAWS(SC)-1961-1-33] [RELIED ON]
MEWA LAL BHARGAV VS. STATE OF U. P. [LAWS(ALL)-2021-1-53] [REFERRED TO]
MEWA LAL BHARGAV VS. STATE OF U. P. [LAWS(ALL)-2021-1-53] [REFERRED TO]
RAM KHELAWAN VS. STATE OF U. P. [LAWS(ALL)-2021-1-189] [REFERRED TO]
RAM KHELAWAN VS. STATE OF U. P. [LAWS(ALL)-2021-1-189] [REFERRED TO]
M S NANDO VS. BHARAT GOWDO [LAWS(APH)-1954-8-20] [REFERRED TO]
UMESH SHARMA VS. REKHA WANGNOO [LAWS(J&K)-2021-4-85] [REFERRED TO]
PONNU KUDUMBAN VS. STATE [LAWS(MAD)-1952-3-10] [REFERRED TO]
FOOD INSPECTOR NALGONDA VS. JAGINI SURESH [LAWS(APH)-1992-4-33] [REFERRED TO]
NARENDRA K AMIN VS. CENTRAL BUREAU OF INVESTIGATION AND ORS [LAWS(GJH)-2013-8-243] [REFERRED TO]
RANGANATHA D. VS. STATION HOUSE OFFICER, BMTF POLICE [LAWS(KAR)-2016-4-157] [REFERRED TO]
SUNDAR P GOWDAKAR VS. D ANUSUYA [LAWS(KAR)-2018-1-115] [REFERRED TO]
GAUTAM SARMA VS. SANYUKTA BARUAH [LAWS(GAU)-2009-5-1] [REFERRED TO]
STATE OF KARNATAKA VS. K RAJASHEKARA [LAWS(KAR)-2009-6-49] [REFERRED TO]
B S YEDDYURAPPA VS. SIRAJIN BASHA [LAWS(KAR)-2011-11-56] [REFERRED]
RAM PARIKCHAN PANDEY VS. M S M SHARMA [LAWS(PAT)-1960-11-10] [REFERRED TO]
SANTOSH AGGARWAL VS. AUSHIM KAPOOR [LAWS(DLH)-2010-2-201] [REFERRED TO]
VISHNUBHAI MANILAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2021-9-7] [REFERRED TO]
MERAJ YUSHA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-11-181] [REFERRED TO]
K.M. VISHWANATH VS. STATE OF KARNATAKA [LAWS(KAR)-2020-11-237] [REFERRED TO]
ISAAC VS. STATE OF KERALA [LAWS(KER)-1970-8-10] [REFERRED TO]
STATE OF MADHYA PRADESH VS. BAHADUR SINGH [LAWS(MPH)-1983-8-12] [REFERRED TO]
JAI PRAKASH SINGH VS. STATE OF BIHAR [LAWS(PAT)-2012-8-113] [REFERRED TO]
SANT RAM VS. STATE [LAWS(J&K)-1980-12-8] [REFERRED TO]
BRINDA KARAT VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-6-89] [REFERRED TO]
MAMMEN MATHEW VS. STATE OF M P [LAWS(MPH)-2008-5-68] [REFERRED]
SUKHWINDER KAUR VS. KULWINDER SINGH [LAWS(P&H)-2003-8-143] [REFERRED TO]
RAJITRAM SHUKLA VS. STATE OF U.P. [LAWS(ALL)-2021-9-47] [REFERRED TO]
T K SUBRAMANIAN AND OTHERS VS. T K GNANASEKARAN AND ANOTHER [LAWS(MAD)-1982-8-56] [REFERRED]
BINOY KUMAR SINGH @ VINAY VS. STATE OF BIHAR [LAWS(PAT)-2014-9-34] [REFERRED TO]
ANUPAMA SINGH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(ALL)-2012-11-34] [REFERRED TO]
LAL SINGH VS. UNION OF INDIA [LAWS(ALL)-2014-5-372] [REFERRED TO]
RAJENDRA KR SOOD VS. JAGAT SINGH DUGAR [LAWS(GAU)-2001-3-9] [REFERRED TO]
Selvi J. Jayalalithaa VS. State represented by The Superintendent of Police, DV and AC [LAWS(KAR)-2010-3-143] [REFERRED TO]
STATE OF BIHAR VS. SAKALDIP SINGH [LAWS(PAT)-1966-3-10] [REFERRED TO]
MOHAMMAD GAUSUDDIN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-3-75] [REFERRED TO]
KUNHABDULLA VS. KUNHAMMED [LAWS(KER)-1988-1-11] [REFERRED TO]
GWALIOR ALCOBREW PVT. LTD. VS. STATE OF RAJASTHAN, THROUGH ITS CHIEF SECRETARY, SECRETARIAT BUILDING, JAIPUR 302005, RAJASTHAN [LAWS(RAJ)-2017-7-230] [REFERRED TO]
GWALIOR ALCOBREW PVT. LTD. VS. STATE OF RAJASTHAN, THROUGH ITS CHIEF SECRETARY, SECRETARIAT BUILDING, JAIPUR 302005, RAJASTHAN [LAWS(RAJ)-2017-7-230] [REFERRED TO]
A BALA PRASAD VS. STATE GOVERNMENT OF A P [LAWS(APH)-2012-3-70] [REFERRED TO]
AKBARUDDIN OWAISI VS. GOVERNMENT OF ANDHRA PRADESH AND ORS [LAWS(APH)-2013-7-163] [REFERRED]
KONDEPUDI SRIRAMAMURTHI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1959-11-40] [REFERRED TO]
SARADINDU CHANDA VS. CHIEF PRESIDENCY MAGISTRATE CALCUTTA [LAWS(CAL)-1960-3-10] [REFERRED TO]
RAMEGOWDA VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-10-106] [REFERRED TO]
STATE OF RAJASTHAN VS. GIRVAR DAYAL DAVE [LAWS(RAJ)-1975-7-5] [REFERRED TO]
RAMNARAIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1988-3-38] [REFERRED TO]
RAMNARAIN VS. STATE OF RAJASTHAN [LAWS(RAJ)-1988-3-38] [REFERRED TO]
PARAMJEET SINGHS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-4-34] [REFERRED TO]
FAKHRUDDIN AHMAD VS. STATE OF UTTARANCHAL [LAWS(SC)-2008-9-22] [REFERRED TO]
GENERAL OFFICER COMMANDING VS. CBI [LAWS(SC)-2012-5-2] [REFERRED TO]
ANIL KUMAR AGRAWAL VS. STATE OF U P [LAWS(ALL)-1992-12-2] [REFERRED TO]
RAM BABU GUPTA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-4-60] [REFERRED]
RASIKLAL MANIKCHAND DHARIWAL VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2010-12-35] [REFERRED TO]
STATE OF MAHARASHTRA VS. PRAGYASINH CHANDRAPALSINH THAKUR [LAWS(BOM)-2010-7-11] [REFERRED TO]
YOGIRAJ VASANTRAO SURVE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-2-111] [REFERRED TO]
TULA RAM VS. KISHORE SINGH [LAWS(SC)-1977-10-19] [RELIED ON]
KAMLAPATI TRIVEDI VS. STATE OF WEST BENGAL [LAWS(SC)-1978-12-28] [RELIED ON]
GOPAL DAS SINDHI AND ORS VS. STATE OF ASSAM AND ANR [LAWS(GAU)-1961-1-12] [REFERRED]
MOHAN LAL VS. STATE THR. CBI [LAWS(DLH)-2013-7-523] [REFERRED TO]
BADRI PRASAD GUPTA VS. KRIPA SHANKER TEWARI [LAWS(ALL)-1966-10-20] [REFERRED TO]
SHAM LAL VS. STATE [LAWS(HPH)-1964-10-1] [REFERRED TO]
K VISHNUMOORTHI VS. STATE OF MYSORE [LAWS(KAR)-1971-3-13] [REFERRED TO]
ANAND KUMAR PANDEY VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-2-423] [REFERRED TO]
DIPAK DIWAN VS. AMIR KHAN [LAWS(CHH)-2020-11-39] [REFERRED TO]
A SUBHASCHANDRAS BOSE VS. COURT OF JUDICIAL FIRST CLASS MAGISTRATE ANANTAPUR [LAWS(APH)-1972-12-3] [REFERRED TO]
PATEL HARESHKUMAR ARVINDBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2011-6-121] [REFERRED TO]
SHIV CHARAN VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-1966-10-18] [REFERRED TO]
MAKHAN SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-4-43] [REFERRED TO]
SUBRAMANIAN SWAMY VS. MANMOHAN SINGH [LAWS(SC)-2012-1-81] [REFERRED TO]
MANHARIBHAI MULJIBHAI KAKADIA VS. SHAILESHBHAI MOHANBHAI PATEL [LAWS(SC)-2012-10-1] [REFERRED TO]
S.R. SUKUMAR VS. S. SUNAAD RAGHURAM [LAWS(SC)-2015-7-19] [REFERRED TO]
NAZRUL ISLAM VS. BASUDEB BANERJEE [LAWS(CAL)-2022-1-97] [REFERRED TO]
PRADYUT KR DAS VS. AJIT BORAH [LAWS(GAU)-2005-9-53] [REFERRED TO]
GAUTAM DAS VS. ABDUL MATIN [LAWS(GAU)-2010-4-5] [REFERRED TO]
SRI RANA SINHA ALIAS SUJIT SINHA VS. STATE OF TRIPURA [LAWS(GAU)-2011-4-15] [REFERRED TO]
JAILOK THAKUR VS. STATE OF BIHAR [LAWS(PAT)-1979-10-2] [REFERRED TO]
MANJU SURANA VS. SUNIL ARORA & ORS. [LAWS(SC)-2018-3-44] [REFERRED TO]
JAYANT ETC VS. STATE OF MADHYA PRADESH [LAWS(SC)-2020-12-7] [REFERRED TO]
A ALAM PASHA VS. RAVISHANKAR [LAWS(KAR)-2019-5-114] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal by special leave against an order of the Allahabad H. C, dismissing the revn. petn. of the applt. against the order of the Special Mag. refusing to quash the proceedings on the ground that the prosecution of the applt. inter alia u/Ss.161 and165, I. P. C. was illegal and without jurisdiction in the absence of the sanction of the Govt. u/S. 197, Cr. P. C. k s. 6, Prevention of Corruption Act (II [2] of 1947), hereafter refd. to as the Act. The material facts are these. In 1947 the applt, held the office of Regional Deputy Iron and Steel Controller, Kanpur Circle, U. P. and was a public servant. The police having suspected the applt. to be guilty of the offences mentioned above applied to the Deputy Mag., Kanpur, for a warrant of his arrest on 22-10-1947 and the warrant was issued on the next day. The applt. was arrested on 27-10-1947 but was granted bail. On 26-11-1947 the Dist. Mag. cancelled his bail as the Mag, considered that the sureties were not proper. On 1-12-1947 the Govt. appointed a Sp. Mag, to try offences under the Act and on 1-12-1947 the applt. was produced before the Sp. Mag. and was granted bail. The police continued their investigation. On 6-12-1948 sanction was granted by the Provincial Govt, to prosecute the applt. inter alia u/Ss. 161 and 165, I. P. C. On 31-1-1949 sanction in the same terms was granted by the Central Govt. In the meantime as a result of an appeal made by the applt. to the H. C. of Allahabad the amount of his bail was reduced and on 95-3-1949 the applt. was ordered to be put up before the Mag. to answer the charge-sheet submitted by the prosecution.
(2.)On behalf of the applt. it is contended that when the warrant for his arrest was issued by the Mag. on 29-10-1947 the Mag. took cognizance of the offence and as no sanction of the Govt. had been obtained before that day the initiation of the Proceedings against him, which began on that day without the sanction of the Govt. was illegal. It is argued that the same proceedings are continuing against him and therefore the notice to appear before the Mag. issued on 25-3-1949 is also illegal. In support of his contention that the Mag, took cognizance of the offences on 22-3-1947 be relies principally on certain observations in Emperor v. Sourindra Mohan 37 Cal. 412: (6 I.C.8). It is therefore necessary to determine when the Mag. took cognizance of the offence. The relevant part of S.190, Cr. P. C. runs as follows :
190(1) "Except as hereinafter provided, any Presidency Mag. Dist. Mag. or Sub-divisional Mag. and any other Mag. specially empowered in this behalf, may take cognizance of any offence -

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a report in writing of such facts made by any police officer;

(c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed. . . . ."

(3.)It is clear from the wording of the section. that the initiation of the proceedings against a person commences on the cognizance of the offence. by the Mag. under one of the three contingencies. mentioned in the section. The first contingency evidently is in respect of non-cognizable offences as defined in the Cr. P. C. on the complanit of an aggrieved person. The second is on a police report, which evidently is the case of a cognisable offence when the police have completed their investigation and come to the Mag. for the issue of a process. The third is when the Mag. himself takes notice of an offence and issues the process. It is important to remember that in respect of any cognisable offence, the police, at the initial stage when they are investigating the matter can arrest a person without obtaining an order from the Mag. Under S. 167 (b), Cr. P. C. the police have of course to. put up the person so arrested before a Mag. within 24 hours and obtain an order of remand to police custody for the purpose of further investigation, if they so desire. But they have the power to arrest a person for the purpose of investigation without approaching the Mag. first. Therefore, in cases of cognisable offence before proceedings are initiated and while the matter is under investigation by the police the suspected person is liable to be arrested by the police without an order by the Mag. It may also be noted that the Mag. who makes the order or remand may be one who has no jurisdiction to try the case.
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