STATE OF PUNJAB versus RAJ KUMAR

STATE OF PUNJAB versus RAJ KUMAR

Rule 16.38 of Punjab Police Rules is applicable only to departmental inquiries and punishments, not to criminal prosecutions; it is not intended to override the provisions of the Criminal Procedure Code or to constitute a special procedure for criminal prosecutions against police officers.

Parties
Appellant: State of Punjab; Respondent: Raj Kumar
Jurisdiction
India
Judgment Date
11 February 1988
Procedural Posture
Criminal Appeal / Appeal From Full Bench Decision of Punjab and Haryana High Court
Outcome
Appeal allowed
Legal Topics
Interpretation of Punjab Police Rules, Scope of Rule 16.38, Departmental Inquiries Vs Criminal Proceedings, Overriding Effect of Special Statutes
Criminal Law Administrative Law Interpretation of Punjab Police Rules Scope of Rule 16.38 Departmental Inquiries Vs Criminal Proceedings Overriding Effect of Special Statutes

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Parties

State of Punjab

Appellant

Raj Kumar

Respondent

Procedural Posture

Criminal Appeal / Appeal From Full Bench Decision of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether Rule 16.38 of Punjab Police Rules is mandatory or directory
  2. 2 Whether Rule 16.38 applies to criminal proceedings or only to departmental inquiries

Ratio Decidendi

Rule 16.38 of Punjab Police Rules is applicable only to departmental inquiries and punishments, not to criminal prosecutions; it is not intended to override the provisions of the Criminal Procedure Code or to constitute a special procedure for criminal prosecutions against police officers.

Court Disposition

Appeal allowed

Orders

  • Judgment of the Full Bench of the Punjab and Haryana High Court set aside
  • Quashing of charges against the respondent left undisturbed due to lapse of time