Supreme Court · 2000 INSC 483 · Decided 17 October 2000
Abdul Wahab Ansari v. State of Bihar and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 483 · [2000] SUPP. 3 S.C.R. 747
- Case number
- CRIMINAL APPEAL No. 885/2000
- Decided
- 17 October 2000
- Bench
- G.B. PATTANAIK, M.B. SHAH, S.N. PHUKAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 380, 427, 504, 147, 148, 149; CrPC Section 197(1), 482, 197; Arms Act Section 27
Headnote
B Criminal Procedure Code, 1973: Section 197(1) Public servant-Commission of offence while discharging official duty­ Congnizance of-Plea regarding previous sanction from Appropriate C Authority-Raising of-At what stage-Held, can be raised at any stage of proceeding and there is no need to Magistrate to remove the D encroachment-Order for firing to control the mob at the encroachment site resulting in death of a person and injuring serval others-Held, the action of the public servant to order open firing was in discharge of his official duties-Provisions of Section 197 is
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