Supreme Court of India · 1954-04-05
M. K. GOPALAN AND ANOTHER vs THE STATE OF MADHYA PRADESH.
- Citation / case number
- SC 1954/90371
- Court
- Supreme Court of India
- Petitioner
- M. K. GOPALAN AND ANOTHER
- Respondent
- THE STATE OF MADHYA PRADESH.
- Bench
- MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that Section 14 of the Criminal Procedure Code does not violate Article 14 of the Constitution, as it allows the Provincial Government to appoint a Special Magistrate without discrimination. The Court clarified that the word 'Court' in Section 197(2) does not equate to 'person' in Section 14(1), allowing for the prosecution of a Madras Government officer under Section 197(1) without needing to specify the trial court. The petition under Article 32 was dismissed, reinforcing the normal procedural framework for trials.