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november 1990

Supreme Court of India · 1990-11-22

STATE OF MAHARASHTRA AND ORS. vs MOHAMMED SALIM KHAN AND ORS.

Citation / case number
SC 1990/77031
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA AND ORS.
Respondent
MOHAMMED SALIM KHAN AND ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court interpreted Section 21 of the Code of Criminal Procedure, emphasizing that the provision must be construed to fulfill the legislative intent of empowering State Governments to appoint Special Executive Magistrates for specific functions. The Court held that these magistrates possess the powers of Executive Magistrates as outlined in Sections 107, 108, 109, 110, 129, 145, and 147 of the Code, and that the State Government is not required to confer additional powers under Section 107 for their effective functioning. The judgment clarifies the scope of powers available to Special Executive Magistrates, ensuring that the legislation serves its intended purpose.

STATE OF MAHARASHTRA AND ORS. vs MOHAMMED SALIM KHAN AND ORS. · Niyam