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march 2005

Supreme Court of India · 2005-03-30

K. Kalimuthu vs State By D.S.P

Citation / case number
AIR 2005 SUPREME COURT 2257
Court
Supreme Court of India
Petitioner
K. Kalimuthu
Respondent
State By D.S.P
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the applicability of Section 197 of the Code of Criminal Procedure, 1973, in relation to allegations against public servants under the Indian Penal Code and the Prevention of Corruption Act, 1947. The Court held that the protection under Section 197 is contingent upon demonstrating a reasonable connection between the alleged act and the discharge of official duty. The High Court's decision to deny the applicability of Section 197 in two cases was upheld, while the order favoring the appellant in one case was set aside, emphasizing the need for a careful balance between protecting public servants and ensuring accountability.

K. Kalimuthu vs State By D.S.P · Niyam