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2014 Supreme(Kar) 686

A.N.VENUGOPALA GOWDA
Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji – Appellant
Versus
State of Karnataka, CID, Special Cell, Bangalore – Respondent


Advocates Appeared:
For the Appellant :K.G. Raghavan, Ashok Haranahalli, Senior Advocates for P.N. Manmohan, Advocate.
For the Respondent: R1 & R2, Prof. Ravivarma Kumar, Adv. General, R3, Krishna S. Dixit, Assistant Solicitor General.

Judgment :

1. The constitutional validity of S.53-A of the Code of Criminal Procedure, 1973 (for short the 'Code'), is in issue, in this writ petition. That apart, there is challenge to a police notice dated 18.10.2014, as at Annexure-'S', whereby, the second respondent called upon the petitioner to appear at 9.00 a.m., on 21.10.2014, in empty stomach, for medical examination at Victoria Hospital, Bengaluru.

2. Section 53-A of the Code, which was inserted by Act No.25 of 2005, with effect from 23.06.2006, reads as under:

"S.53A. Examination of person accused of rape by medical practitioner.-

(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner acting at the request of a police officer not below t









































































































































































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