Supreme Court · 1989 INSC 32 · Decided 31 January 1989
State of Uttar Pradesh & ORS. v. Surinder Pal Singh
- Court
- Supreme Court of India
- Citation
- 1989 INSC 32 · [1989] 1 S.C.R. 347
- Case number
- CIVIL APPEAL No. 430/1989
- Decided
- 31 January 1989
- Bench
- E.S. VENKATARAMIAH, N.D. OJHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 5(2); CrPC Section 36; Prevention of Corruption Act Section 5A, 5(1), 5(2)
Headnote
Police Act, 1861: Section 7. U.P. Police Regulations-Regulation 486(1)(3) scope of­ Procedure-Whether confined to Departmental Proceedings only-Not applicable to investigation made in Criminal Prosecution. Criminal Procedure Code, 1973: Section 36-Does not contain a procedure similar to to conduct investigation-Section 5A of the Prevention of Corruption Act, 1947 overrides Section 36 of the Code. Prevention of Corruption Act, 1947: Sections 5(1) and (2), 5-A(J). Proviso. "Criminal Misconduct"-What is-Police Officer Misappropria- A B c D tion of-20 Gold Bricks recovered
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