Supreme Court · 1987 INSC 10 · Decided 13 January 1987
Ram Kumar v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 1987 INSC 10 · [1987] 1 S.C.R. 991
- Case number
- CRIMINAL APPEAL No. 25/1987
- Decided
- 13 January 1987
- Bench
- M.P. THAKKAR, B.C. RAY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 132(a), 197(2), 197, 132
Headnote
Criminal Procedure Code, 1973: Sections 132(a) & 197(2)- Armed Forces/Forces charged with maintenance of public order- Prosecution of-Safeguards-Whether a sanction to prosecute can sur- rogate for a sanction to take cognizance. The Trial Court, without any previous sanction of the State of bis duties, used force in excess of what was necessary and thereby committed an offence. The High Court, in appeal by the appellant, however, took the view that inasmuch as the State Government itself bad accorded sane- lion to 'prosecute' the appellant in exercise of powers under s.132 of
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