Supreme Court of India · 2003-12-04
State (Union Of India) vs Ram Saran
- Citation / case number
- AIR 2004 SUPREME COURT 481
- Court
- Supreme Court of India
- Petitioner
- State (Union Of India)
- Respondent
- Ram Saran
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Assistant Commandant of the Central Reserve Police Force lacked jurisdiction to convict and sentence the respondent under Section 10(m) of the Central Reserve Police Force Act, 1949, as the powers of Judicial Magistrate can only be conferred by the High Court. The Court emphasized that Sections 11, 12, and 13 of the Code of Criminal Procedure, 1973, establish that only the High Court can appoint Judicial Magistrates, thus rendering the trial and conviction illegal. The appeal by the Union of India was dismissed, affirming the decisions of the Sessions Judge and the High Court.