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1991 Supreme(Kar) 209

N.Y.HANUMANTHAPPA
M. S. SYED ANWAR – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates:
CHINNAPPA K.KAMBAYANDA, Karpagam Kamath, R.B.SADASHIVAPPA, SATISH M.DODDAMANI

N. Y. HANUMANTHAPPA, J.

( 1 ) SINCE common question of law is involved in these petitions, they are clubbed together and a common order is passed.

( 2 ) THE points for consideration in both the petitions are: -1. Whether Police can take steps of taking measurements or photographs of unconvicted persons in the absence of any sanction from the competent authority?2. Whether prescription mentioned in the Police Manual can be said has force of law or otherwise?3. Whether provisions of Identification of Prisoners Act of 1920 is subservient to the Karnataka Police Act and Police Manual or otherwise?

( 3 ) THE facts which are not in dispute are that the petitioner No. 1 in the first petition is an official employed in Government Bangalore Diary. Petitioner No. 2 is the owner of Lorry and running an Automobile Workshop. Petitioner No. 1 in the second writ petition is a Jr. Telecom Officer which is one of the departments of Union of India. Petitioner No. 2 in the second writ petition is the Silk Merchant of Bangalore City. The respondents, in the absence of any complaint by the Police as required under Ss. 54 and 55 of the Karnataka Police Act of 1963 and in the absence of any prior permissio


















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