A criminal petition was disposed of as the prima facie doubt existed regarding the applicability of Section 353 IPC. Investigation was directed under Arnesh Kumar guidelines.
Criminal Petition disposed of; no order as to costs; miscellaneous petitions stood closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.8790 of 2022
ORDER:
The complaint is filed by a Police Constable who is fully aware of the necessity to set out facts in the complaint. The contents of the complaint do not reveal any use of Criminal force nor an incident of assault on the public servant to attack the provisions of Section 352 of Indian Penal Code. Prima facie, there appears to be doubt as to whether said provision would be applicable in the present case.
However, other allegations would require further investigation. In view of the fact that there is a Prima facie doubt as to the applicability of Section 353 of Indian Penal Code, the investigation shall be carried out in accordance with the guidelines issued by the Hon’ble Supreme Court of
India in the case of Arnesh Kumar Vs. State of Bihar1 .
Accordingly, the Criminal Petition is disposed of. There shall be no order as to costs.
1 2014 (8) SCC 273
2
Miscellaneous petitions, pending if any, in this
Criminal Petition shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J
10.11.2022 RKS
3
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8790 of 2022
10.11.2022
RKS
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharFollowed¶4
2014 (8) SCC 273 · Who else cites this
2 provisions across 1 enactments
R. Raghunandan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
