T.S.THAKUR, FAKKIR MOHAMED IBRAHIM KALIFULLA
Urmila Devi – Appellant
Versus
Yudhvir Singh – Respondent
JUDGMENT
T.S. THAKUR, J.
1. I have had the advantage of going through the order proposed by my esteemed and noble Brother Kalifulla J. While I entirely agree with the conclusions arrived at by His Lordship, I propose to add a few lines of my own.
2. The draft order has painstakingly and with remarkable lucidity dealt with the question of maintainability of a revision petition before the High Court and concluded that such a revision petition was indeed maintainable. I can make no addition to what Kalifulla, J. has said on that count except to place on record my deep appreciation for an articulate and erudite statement of the legal position on the subject. What has impelled me to add to what is already said is the importance of the second issue that falls for our consideration touching the true and correct interpretation of Section 197 of the Code of Criminal Procedure, 1973. Incidents of abuse of authority by public servants, despite several pronouncements of this Court in which such abuse has been deprecated, and the effect which such abuse has on the confidence of the people in the Rule of Law to which we are committed and the credibility of the institutions that are meant to preser
State of Maharashtra and Ors. etc. v. Saeed Sohail Sheikh etc. [JT 2012 (11) SC 230] (Para 5)
Om Kumar Dhankar v. State of Haryana and another [JT 2012 (3) SC 485] (Para 42)
Bholu Ram v. State of Punjab and another [JT 2008 (9) SC 504] (Para 30)
Sube Singh v. State of Haryana and Ors. [JT 2006 (2) SC 235] (Para 4)
Rakesh Kumar Mishra v. State of Bihar and others [JT 2006 (1) SC 1] (Para 42)
N.K. Sharma v. Abhimanyu [JT 2005 (12) SC 491] (Para 30)
K.K. Patel and another v. State of Gujarat and another [JT 2000 (7) SC 246] (Para 31)
Rajendra Kumar Sitaram Pande and others v. Uttam and another [JT 1999 (1) SC 426] (Para 31)
State of Punjab v. Baldev Singh
Nilamani Routray v. Bennett Coleman and Co. Ltd. [1998 (8) SCC 594] (Para 36)
D.K. Basu v. State of West Bengal [JT 1997 (1) SC 1] (Para 3)
State of M.P. v. Shyamsunder Trivedi and Ors. [JT 995 (4) SC 445] (Para 4)
K.M. Mathew v. State of Kerala and another [JT 1991 (4) SC 464] (Para 33)
V.C. Shukla v. State through CBI [1980 (2) SCR 380] (referred & distinguished) (Para 31)
B. Saha and Ors. v. M.S. Kochar [1979 (4) SCC 177] (referred & relied upon) (Para 34)
Madhu Limaye v. State of Maharashtra [1977 (4) SCC 551] (Para 31)
Madhu Limaye v. State of Maharashtra [1977 (4) SCC 551] (Para 31)
Amar Nath and others v. State of Haryana [1977 (4) SCC 137] (Para 31)
P. Arulswami v. State of Madras [AIR 1967 SC 776] (referred & relied upon) (Para 14)
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