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november 2013

Supreme Court of India · 2013-11-11

Philomena Dhanin vs State Of Rajasthan & Ors

Court
Supreme Court of India
Petitioner
Philomena Dhanin
Respondent
State Of Rajasthan & Ors
Bench
J. Chelameswar, H.L. Gokhale

Judgment text excerpt

The Supreme Court held that the protection under Section 197 of the Code of Criminal Procedure is not available for illegal acts committed by public servants, specifically in this case, the Sarpanch of Village Dhanin. The Court found that the High Court erred in quashing the proceedings against the Sarpanch, as he could be removed by a Panchayat resolution under Section 37 of the Rajasthan Panchayats Act. Consequently, the Court restored the proceedings initiated by the appellant against the Sarpanch under Sections 447, 336, 426, and 120 of the Indian Penal Code.

Philomena Dhanin vs State Of Rajasthan & Ors · Niyam