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Judgment: Criminal Appeal No.600 of 2007
Judgment: Criminal Appeal No.600 of 2007
VERSUS
JUDGMENT
Sections 409, 420, 406, 467, 468, 471 read with Section
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120-B and 114 of the Indian Penal Code directing the Police
the appellant.
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the appellant before the High Court was that in view of the
Section 156(3) and the said Order did not call for any
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Court and thus the case was of civil nature. The fact
was limited to find out whether a case was made out for
Shambhubhai Kakadiya1 .
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Police and the police did not register First Information Report
made out.
J.P. Chavda and Ors.2 that under Section 202, the Police
finding out the truth. It was also submitted that the said
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questions involved.
3
(2004) 7 SCC 338
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a police officer.
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the same.
156(3).
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Courts.
provisions.
are as follows :
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(2014) 2 SCC 1
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19. Thus, this Court has laid down that while prompt
enquiry.
20. It has been held, for the same reasons, that direction
5
(2013) 10 SCC 705
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the police.
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cannot be accepted.
6
(1999) 5 SCC 209
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We are of the view that the maxim does not apply for
police officer does not mean that police could exercise such
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7
(2003) 2 SCC 649
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25. Nature of cases dealt with under Section 202 are cases
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Section 202.
8
(1929) 31 BOMLR 84
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Asha Das and others vs. The State12, Sind and Assam
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been upheld by the High Court. The case has been held to
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observed :
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(2006) 6 SCC 736
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High Court rightly held that in the present case report under
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(1998) 5 SCC 749
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(1976) 3 SCC 736
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Chandra Bose19.
vs. Barakara Abdul Aziz & Anr.21, Madhao & Anr. vs.
16
(1992) 2 SCC 213
17
(2012) 10 SCC 517
18
(2009) 2 SCC 363
19
(1964) 1 SCR 639
20
(1976) 3 SCC 252
21
(2013) 2 SCC 488
22
(2013) 5 SCC 615
23
(2010) 4 SCC 185
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ground to proceed.
any error in the view taken by the Magistrate and the High
answered accordingly.
24
(1955) 1 SCR 1150
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……..…………………………….J.
[ T.S. THAKUR ]
.….………………………………..J.
[ ADARSH KUMAR GOEL ]
……..…………………………….J.
[ R. BANUMATHI ]
NEW DELHI
MARCH 16, 2015
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