Supreme Court · 1998 INSC 203 · Decided 28 April 1998
MOHD. Hadi Raja ETC. v. State of Bihar and ANR.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 203 · [1998] 3 S.C.R. 22
- Case number
- CIVIL APPEAL No. 448/1987
- Decided
- 28 April 1998
- Bench
- G.N. RAY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- IPC Section 21; CrPC Section 197, 2(y); Constitution Article 12
Headnote
Criminal Procedure Code, 1973. Sections 197 and 2(y)-''Public servant''-Judge, magistrate and public C servant not to be prosecuted or removed from their office for any offence alleged to have been committed in discharge of his official duties-Whether sanction is required to be taken for the definition of State under Article l 2-Held, no-These instrumentalities or agencies of D the State, even though perform some of the functions of the State , have their own separate entity and cannot be equated with departments directly run by the Government-Therefore, action taken by them,
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