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december 2003

Supreme Court of India · 2003-12-04

STATE ( U O I ) vs RAM SARAN

Citation / case number
SC 1996/77673
Court
Supreme Court of India
Petitioner
STATE ( U O I )
Respondent
RAM SARAN
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT. DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the Assistant Commandant of the Central Reserve Police Force (CRPF) lacked jurisdiction to convict and sentence the respondent under Section 10(m) of the Central Reserve Police Force Act, 1949, as he was not conferred with the powers of a Judicial Magistrate by the High Court, violating Sections 11, 12, and 13 of the Code of Criminal Procedure, 1973. The Court emphasized the separation of judiciary from the executive established in 1973, which restricts such powers to the High Court. Consequently, the appeal by the Union of India was dismissed, upholding the lower courts' decisions that the trial and conviction were illegal.

STATE ( U O I ) vs RAM SARAN · Niyam