Supreme Court · 2006 INSC 172 · Decided 24 March 2006

Sankaran Moitra v. Sadhna Das and ANR.

Court
Supreme Court of India
Citation
2006 INSC 172 · [2006] 3 S.C.R. 305
Case number
CRIMINAL APPEAL No. 330/2006
Decided
24 March 2006
Bench
Y.K. SABHARWAL, C.K. THAKKER, P.K. BALASUBRAMANYAN (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC; CrPC Section 197(1), 210, 482, 197

Headnote

A B Code of Criminal Procedure, 1973-Section 197(1)-Death due to police lathi charge on day of election to State Assembly-Prosecution of C accused police officer-Sanction as required under Section 197(1) not obtained-Held: If a person is killed by· use of excessive force by police officer be by-passed by reasoning that killing a man could never be done in an official capacity-Requirement of sanction prescribed in Section 197(1) was a condition precedent for a successful prosecution though question D may have arisen not at inception, but at a subsequent stage-Jn the facts of case,

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