Supreme Court · 2015 INSC 359 · Decided 27 April 2015

D. T. Virupakshappa v. C. Subash

Court
Supreme Court of India
Citation
2015 INSC 359 · [2015] 5 S.C.R. 534
Case number
CRIMINAL APPEAL No. 722/2015
Decided
27 April 2015
Bench
ANIL R. DAVE, KURIAN JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 149; CrPC Section 482, 197

Headnote

Code of Criminal Procedure, 1973: ss.482, 197 - Quashing of proceedings - Summons issued against appellant-police official on the ground that appellant exceeded in exercising his power during investigation of a D criminal case and assaulted the respondent in order to extract some information with connection, detained the respondent in the police station for sometime - High Court refused to quash the criminal proceedings - Plea of appellant that magistrate could not E have taken cognizance of offence and issued summons to the appellant without sanction uls.197- Held: Going by the factual

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