KULDIP SINGH, S.C.AGRAWAL
Sumer Chand – Appellant
Versus
Union Of India – Respondent
JUDGMENT
S. C. AGRAWAL, J.:—This appeal, by special leave, raises the question whether the period of limitation for filing a suit for malicious prosecution against a member of the Delhi Police is governed by the provisions of Section 140 of Delhi Police Act, 1978, hereinafter referred to as the Act, or by Article 74 of the Limitation Act, 1963.
2. On the basis of the report made by one Anil Kumar Tripathi, a case in respect of offences under Sections 148/365/452/308/ 506/149 I.P.C. was registered against the appellant and. the six others, by Kripa Shankar Bhatnagar respondent No. 4, who was Police Inspector in charge of Mayapuri Police Post. After investigation, the challan was filed in the court by Vijay Malik, respondent No. 3, SHO of P. S. Naraina. The appellant and the other six accused were prosecuted before the Additional Sessions Judge, New Delhi on charges under Sections 148, 365/149, 452/149, 308/149 and 506/ 149, IPC in Sessions case No. 6 of 1985. By judgment dated February 28, 1986, the appellant as well as the other co-accused were acquitted by the Additional Sessions Judge. Thereafter, on April 20, 1987, the appellants filed a suit (No. 828 of 1987) in the High Court o
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