Supreme Court · 2008 INSC 523 · Decided 24 April 2008
ANJAN1 Kumar v. State of Bihar and ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 523 · [2008] 6 S.C.R. 912
- Case number
- CRIMINAL APPEAL No. 413/2000
- Decided
- 24 April 2008
- Bench
- ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 161, 167, 465, 466, 469, 471; CrPC Section 482, 197, 196
Headnote
Code of Criminal Procedure, 1973: s. 482 and 197 - Complaint against public servant - C Criminal proceedings u/ss 465, 466, · 469 and 471 /PC - Petition for quashing of the proceedings - Dismissed by High Court - On appeal, held: Proceedings liable to be quashed - Continuance thereof would u/s 482 permissible only in rare cases - Instant D case falls under the category of rare case - The prosecution was without sanction uls. 197 Cr.PC. as the acts for which the accused was charged were performed in discharge of his official duty - In the facts of the case malafide was
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