Supreme Court · 2020 INSC 436 · Decided 18 June 2020
D. Devaraja v. Owais Sabeer Hussain
- Court
- Supreme Court of India
- Citation
- 2020 INSC 436 · [2020] 6 S.C.R. 453
- Case number
- CRIMINAL APPEAL No. 458/2020
- Decided
- 18 June 2020
- Bench
- R. BANUMATHI, INDIRA BANERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 197, 170, 245
Headnote
Code of Criminal Procedure, 1973: s.197 r/w s.170 of Karnataka Police Act, 1963 - Scope and effect of - Held: Every offence committed by a police officer does not attract s.197 r/w s.170 - The provisions in ss.197 Cr.P.C and s.170 of the Act are attracted only when the acts under the colour of, or in excess of such duty or authority. s.482 - Scope of - Held: An application u/s.482 is maintainable to quash proceedings which are ex facie bad for want of sanction u/s.197 Cr.P.C. or s.170 of Karnataka Police Act or are frivolous or in abuse of process of
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