Supreme Court · 1954 INSC 39 · Decided 5 April 1954

M. K. Gopalan and Another v. The State of Madhya Pradesh

Court
Supreme Court of India
Citation
1954 INSC 39 · [1955] 1 S.C.R. 168
Case number
WRIT PETITION (CRIMINAL) No. 55/1954
Decided
5 April 1954
Bench
BIJAN KUMAR MUKHERJEA, SUDHI RANJAN DAS, NATWARLAL HARILAL BHAGWATI, B. JAGANNADHADAS, T.L. VENKATARAMA AIYYAR (5-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 420, 409; CrPC Section 14, 197(1); Constitution Article 14, 32

Headnote

Relumal and Another v. The State of Bombay. Mehr Chand /vfaha}an C. J. 1954 April 5. 168 SUPREME COURT REPORTS [1955] sub-section Vl'ere In our opinion, much assistance section 18(1). never intended to be included therein. the language of that section is not of in construing the main provisions punishable under section 18(1) of the Act and is outside its mischief, and the Presidency Magistrate was in error in convicting the appellants and the High Court was al>o in error in upholding their conviction. We accordingly allow this appeal, set aside the convic­ tion of the appellants

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