Prudeta
2026 INSC 304
๐ Paras 1-2
The complainant filed a complaint alleging that the appellants, police officials, murdered her husband at the instance of a superior officer. The Magistrate took cognizance and summoned the accused. A superior officer, Sankaran Moitra, had his proceedings quashed by this Court due to lack of sanction under Section 197 Cr.P.C., as he was a public servant removable only with government sanction. The Magistrate extended this benefit to the appellants. The High Court, however, allowed the complainant's revision, holding that the previous Supreme Court order was specific to Sankaran Moitra and did not apply to the appellants.
๐ Para 6
The core issues were whether the appellants, as co-accused, were entitled to the benefit of t
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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