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DINESH KUMAR SINGH
Subesh Kumar Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. background of nrhm scheme and allegations of mismanagement. (Para 1 , 2 , 3 , 4) |
| 2. events surrounding murders of cmos and inquiry into irregularities. (Para 5 , 10 , 11 , 12 , 13 , 14) |
| 3. investigation details leading to dr. y.s. sachan. (Para 15 , 16 , 17 , 18) |
| 4. analysis of evidence regarding dr. sachan's death. (Para 19 , 20 , 21 , 22 , 23) |
| 5. cbi's conclusion on dr. sachan's suicide. (Para 24 , 25 , 26 , 27) |
| 6. procedural aspects surrounding discovery of dr. sachan's body. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. witness statements regarding involvement in cmos' murders. (Para 35 , 36 , 37 , 38 , 39) |
| 8. reactions to the cbi's closure report. (Para 40 , 41 , 42 , 43 , 44) |
| 9. magistrate's role and legal principles regarding prosecution. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 54) |
| 10. final ruling and conclusions. (Para 55 , 56) |
JUDGMENT
Dinesh Kumar Singh, J.
These seven petitioners under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") have been filed, impugning the summoning order dated 07.07.2022 passed by the learned Special Judicial Magistrate, C.B.I., Lucknow in Complaint Case No. 3845 of 2019.
2. The facts, givi
A public servant's actions in legal duty cannot lead to prosecution without necessary sanction under Section 197.
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The court emphasized that a Magistrate must provide substantial reasons for rejecting a final report and taking cognizance, especially when evidence indicates accidental death rather than homicide.
The magistrate can take cognizance of offences based on personal knowledge or information under BNSS, 2023, enabling summons even without prior witness examination or formal complaint, while also all....
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