Supreme Court of India · 1951-03-19
R.R. CHARI vs THE STATE OF UTTAR PRADESH.
- Citation / case number
- SC 1950/8
- Court
- Supreme Court of India
- Petitioner
- R.R. CHARI
- Respondent
- THE STATE OF UTTAR PRADESH.
- Bench
- KANIA, HIRALAL J. (CJ)
Judgment text excerpt
The Supreme Court held that under Section 3 of the Prevention of Corruption Act, 1947, offences under Sections 161 and 165 of the Indian Penal Code are cognizable, but a magistrate issuing a warrant during police investigation does not necessarily take cognizance under Section 190 of the Criminal Procedure Code. The Court clarified that the absence of government sanction under Section 197 of the Criminal Procedure Code before issuing a warrant does not invalidate the trial. The judgment distinguished the case from Emperor v. Sourindra Mohan Chuckerbutty and approved the observations in Superintendent and Remembrancer of Legal Affairs, West Bengal v. Abani Kumar Banerjee.