Supreme Court · 2003 INSC 229 · Decided 14 April 2003
Bipin Chandra Parshottamdas Patel (Vakil) v. State of Gujarat and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 229 · [2003] 3 S.C.R. 533
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 689/2002
- Decided
- 14 April 2003
- Bench
- S. RAJENDRA BABU, S.B. SINHA, AR. LAKSHMANAN (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IPC Section 142, 147, 148, 149, 307, 25(C); CrPC Section 167, 173, 190, 228, 309; Prevention of Corruption Act Section 142, 147, 148, 149, 307; Arms Act Section 135
Headnote
B Gujarat Municipalities Act, 1963; Section 40: Suspension of President of Municipalities-On ground of commission of criminal offences-Detention in judicial custody-High Court affirmed order of suspension-Trial during C detention-Meaning and Interpretation of-Held: Word "Trial" is covering detention after framing of charges, other is liberal construction covering detention at any stage-Since legislature intends holding of such office by the person against whom no criminal proceeding was initiated nor he was detained in prison, the word 'trial' cannot be accorded
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