Matajog Dobey vs H.C. Bhari

Authority: Supreme Court Date: 1955-10-31 Acts: Taxation on Income (Investigation Commission) Act, 1947; Code of Criminal Procedure, 1898; Indian Penal Code, 1860; Constitution of India Citation: (1955) 28 ITR 941 (SC) Justices: S.R. Das, Actg, C.J.; Vivian Bose, Jagannadhadas, Syed Jafer Imam & Ch Appeal No: Criminal Appeals Nos. 67 & 68 of 1954
Whether sanction under Section 197 CrPC is required for prosecution of public servants for alleged assault and wrongful confinement during execution of search warrant under Taxation on Income (Investigation Commission) Act, 1947 --- Held Yes; Whether acts of criminal assault can be considered as done while acting or purporting to act in discharge of official duty --- Held Yes, if reasonably connected to official duty; Whether Section 197 CrPC is ultra vires Article 14 of Constitution --- Held No

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