Supreme Court of India · 2014-05-06
Kushalbhai Ratanbhai Rohit & Ors vs State Of Gujarat
- Citation / case number
- AIR 2014 SUPREME COURT 2291
- Court
- Supreme Court of India
- Petitioner
- Kushalbhai Ratanbhai Rohit & Ors
- Respondent
- State Of Gujarat
- Bench
- M.Y. Eqbal, J. Chelameswar, B.S. Chauhan
Judgment text excerpt
The Supreme Court addressed the necessity of sanction under Section 197 of the Code of Criminal Procedure, 1973, for prosecuting police personnel accused of offenses committed in the course of their duty. The Court held that the High Court's recall of its acquittal order was justified as it sought to further examine whether the actions of the accused, being police constables, fell within the scope of their official duties. The petitioners' appeal against the recall was dismissed, affirming the High Court's decision to re-hear the matter.