Supreme Court · 2004 INSC 430 · Decided 10 August 2004
Shri S.K. Zutshi and ANR. v. Shri Bimal Debnath and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 430 · [2004] SUPP. 3 S.C.R. 400
- Case number
- CRIMINAL APPEAL No. 30/1999
- Decided
- 10 August 2004
- Bench
- S.N. VARIAVA, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 395, 447, 506; CrPC Section 197, 397; Customs Act
Headnote
Code of Criminal Procedure, 19 7 3 : S. 197-Prosecution of public servants-Claim for protection- C Complaint against personnel of Security Force that they demanded illegal gratification and on refusal committed offences u!ss. 395, 447and 506 !PC-Stand of the officials that they acted in the course purposes of smuggling-Held, s.197 does not get immediately attracted on institution of complaint-It must be shown that official concerned was accused of an D offence alleged to have been committed by him while acting or purporting to act in discharge of his office duty-On facts, no case for
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