Supreme Court · 1987 INSC 109 · Decided 14 April 1987
State of U.P. v. Niyamat & ORS.
- Court
- Supreme Court of India
- Citation
- 1987 INSC 109 · [1987] 2 S.C.R. 953
- Case number
- CRIMINAL APPEAL No. 335/1978
- Decided
- 14 April 1987
- Bench
- V. KHALID, G.L. OZA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 97, 99, 395, 147; CrPC Section 41
Headnote
B Criminal Procedure Code, 1973: s. 41-Arrest without warrant- ~ When unlawful. Indian Penal Code, 1860: ss. 97 & 99-Reasonable apprehension ... ·-r- of death or grievous hurt-Right of private defence-Whether avail- c able-Rescue of persons unlawfully arrested-Use of force-Whether party returning after appre· D bending a suspect villager, resulting in the death of the informer 1md grievous injuries to the constables, and to have secured the rele.ase of the suspect. They were also alleged to have snatched the private gun and belt of cartridges from the constable.
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