Daulat Ram v. State of Punjab (AIR 1962 SC 1206) - The Supreme Court emphasized that there is an absolute bar against courts taking cognizance of cases under Section 182 of the IPC unless procedures under Section 195 of the CrPC are followed. The decision clarified that any cognizance or proceedings initiated without adhering to these provisions are liable to be quashed as invalid. The case also discussed the scope of Section 195 CrPC, ruling that it imposes a strict limitation on the court's jurisdiction to entertain certain offences, especially those involving false accusations or related to the administration of justice Sri Ram Tallies VS State Of Bihar - Patna, Sanjay Kumar Mohanty, S/o. Bholanath Mahanty VS State of Jharkhand, through the Superintendent of Police - Jharkhand, Kanta Devi, W/o. Sh. Roop Lal VS State of Himachal Pradesh, Through Secretary Home, Shimla - Himachal Pradesh, State Of Chhattisgarh VS Rikki Sahu - Chhattisgarh.
Legal Principle - The ruling establishes that the prosecution under Section 182 IPC (misuse of public servant for personal gain) can only be initiated following the procedural safeguards of Section 195 CrPC. Any violation of this procedural requirement renders the proceedings void ab initio (from the outset), emphasizing the importance of jurisdictional compliance in criminal cases involving public servants Sri Ram Tallies VS State Of Bihar - Patna, S. Ilayaperumal VS The Inspector of Police, Central Bureau of Investigation - Madras, Kottu Satyanarayana VS State of A. P, Rep. by its Public Prosecutor, High Court at Hyderabad - Andhra Pradesh.
Analysis and Conclusion - The case of Daulat Ram is a landmark judgment that underscores the strict procedural bar against courts taking cognizance of offences under Section 182 IPC without proper compliance with Section 195 CrPC. It reinforces that violations of these procedural safeguards lead to the quashing of criminal proceedings, ensuring the integrity of judicial processes concerning offences involving public officials Bajranglal Parikh VS State of Assam - Gauhati, Amit Agarwal VS State of Himachal Pradesh - Himachal Pradesh, Kulwinder Singh VS State Of Punjab - Punjab and Haryana.
References: - AIR 1962 SC 1206 (Daulat Ram v. State of Punjab) - Section 195 of the Criminal Procedure Code (CrPC) - Related judgments confirming the importance of jurisdictional compliance in criminal proceedings involving public servants
He placed reliance upon a decision of the Supreme Court reported in AIR 1962 SC 1206 (Daulat Ram V/s. State of Punjab). The first information report was, therefore, liable to be quashed as without jurisdiction and the Order of cognizance accordingly be annulled. ... In the case of Daulat Ram (supra) the Supreme Court was considering the effect of the provisions of Sec. 195 of the Code.
In this context, the learned counsel for the petitioner has relied upon the ruling reported in AIR 1962 SC (1206) in the matter of Daulat Ram Vs. State of Punjab.
In support of his contention, he has drawn the attention of the Court to the decision reported in AIR 1962 Supreme Court 1206 (Daulat Ram Vs.
State of Punjab”, AIR 1962 SC 1206, order taking cognizance including entire criminal proceeding arising ... considering that entire exercise is rendered void ab initio which has been earlier once considered by Hon’ble Supreme Court in case of “Daulat ... Ram v. ... It is apposite to reproduce the law laid down by this Court in Daulat Ram which reads as under: (AIR p. 1206) “There is an absolute bar against the court taking seisin o....
This aspect of law stands crystallized by the decision in Daulat Ram v. State of Punjab AIR 1962 SC 1206. ... 16. ... From what have been observed and held in Daulat Ram (supra) and Mata Bhikh and Ors. ... The police, however, launched prosecution against Daulat Ram under Section 182, IPC and at the end of the trial, Daulat Ram, having been found guilty of the offence, was sentenced to three month....
Hon’ble Supreme Court in Daulat Ram vs. ... the strength of law laid down by this Court in the case of Daulat Ram vs. ... Learned counsel has relied upon the judgment of Hon’ble Supreme Court Daulat Ram vs. ... It is apposite to reproduce the law laid down by this Court in Daulat Ram which reads as under: (AIR p. 1206) “There is an absolute bar against the court taking seisin of the case under Section 182 IPC excep....
Daulat Ram vs. State of Punjab (AIR 1962 SC 1206) ... 2. M.sudhakara Rao vs. ... This bar engrafted under Section 195 Cr.P.C. is not empty rhetoric but an insurmountable rule as can be seen from the observation of Honourable Apex Court made in respect of an offence under Section 182 IPC in the cited decision in Daulat Rams case (1 supra) as follows: ... "(1) No
In Daulat Ram v. State of Punjab, AIR 1962 Supreme Court 1206, the apex Court had held that the offence under Section 182 of the Code is complete hen a person moved the public servant for action. ... State of Punjab), decided on 06.02.2008 while considering earlier judgment of Honble the Supreme Court in Daulat Ram v. ... State of Punjab, AIR 1962 Supreme Court 1206, opined as under :- ... "Once the position of l....
In Daulat Ram v. State of Punjab, AIR 1962 SC 1206, this Court considered the nature of the provisions of Section 195 Cr.PC. ... Learned counsel for petitioners, to substantiate his plea, has placed reliance upon Daulat Ram vs. State of Punjab, reported in AIR 1962 SC 1206; and C. Muniappan and others vs. ... The State of West Bengal, AIR 1953 SC 293; and Durgacharan Naik & Ors. v. ... The State o....
The State of Maharashtra and another, (1964) AIR SC 1154.) 11. In the matter of Daulat Ram v. ... State of Punjab, (1962) AIR SC 1206 the Supreme Court has held that there is an absolute bar against the court taking seisin of the case under Section 182 of the IPC except in the manner provided by Section 195 of the CrPC. ... The State of Bihar, (1971) AIR SC 1708 their Lordships of the Supreme Court have held that Section 195 of the CrPC is in fact a limitation on the....
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