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.