STATE OF PUNJAB versus CHARAN SINGH
Rule 16.38 of the Punjab Police Rules, 1934, is a departmental instruction and does not override the Criminal Procedure Code or the Prevention of Corruption Act; it is not a pre-condition for criminal prosecution of a police officer.
- Parties
- Appellant: State of Punjab; Respondent: Charan Singh
- Jurisdiction
- India
- Judgment Date
- 20 February 1981
- Procedural Posture
- Criminal Appeal / Appeal Against Order of Acquittal by Single Judge of High Court
- Outcome
- Order of acquittal set aside; matter remanded to High Court for fresh disposal in accordance with law.
- Legal Topics
- Departmental Proceedings, Prosecution of Police Officers, Interpretation of Service Rules
Case Brief
Summary, issues, holding and outcome
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Parties
State of Punjab
Appellant
Charan Singh
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Order of Acquittal by Single Judge of High Court
Legal Issues
- 1 Whether non-compliance with Rule 16.38 of Punjab Police Rules, 1934, vitiates prosecution and conviction under the Prevention of Corruption Act
- 2 Whether Rule 16.38 acts as a condition precedent or sanction for launching criminal prosecution
Ratio Decidendi
Rule 16.38 of the Punjab Police Rules, 1934, is a departmental instruction and does not override the Criminal Procedure Code or the Prevention of Corruption Act; it is not a pre-condition for criminal prosecution of a police officer.
Court Disposition
Order of acquittal set aside; matter remanded to High Court for fresh disposal in accordance with law.
Orders
- High Court order of acquittal set aside
- Matter remanded to High Court for fresh decision in accordance with law
Full Case Text
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