M. K. GOPALAN AND ANOTHER versus THE STATE OF MADHYA PRADESH

M. K. GOPALAN AND ANOTHER versus THE STATE OF MADHYA PRADESH

Section 14 of CrPC, as applied, does not violate Article 14 since trial is conducted under normal procedure and no discriminatory treatment arises; Section 197(2) does not require the sanctioning government to specify the Court for trial, so power under Section 14 remains unaffected; 'Court' in Section 197(2) is not synonymous with 'person' in Section 14.

Parties
Petitioner: M. K. Gopalan; Petitioner: Another (co-petitioner); Respondent: The State of Madhya Pradesh
Jurisdiction
India
Judgment Date
05 April 1954
Procedural Posture
Petition Under Article 32 of the Constitution / Original Jurisdiction, Petition Seeking Quashing of Prosecution
Outcome
Petition dismissed
Legal Topics
Article 14 of the Constitution, Criminal Procedure Code Section 14, Criminal Procedure Code Section 197
Criminal Law Constitutional Law Article 14 of the Constitution Criminal Procedure Code Section 14 Criminal Procedure Code Section 197

Case Brief

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Parties

M. K. Gopalan

Petitioner

Another (co-petitioner)

Petitioner

The State of Madhya Pradesh

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution / Original Jurisdiction, Petition Seeking Quashing of Prosecution

Legal Issues

  1. 1 Whether Section 14 of the Criminal Procedure Code is ultra vires Article 14 of the Constitution
  2. 2 Whether sanction under Section 197(1) of Criminal Procedure Code was valid
  3. 3 Whether the Government which gives sanction under Section 197(1) must specify the Court under Section 197(2)

Ratio Decidendi

Section 14 of CrPC, as applied, does not violate Article 14 since trial is conducted under normal procedure and no discriminatory treatment arises; Section 197(2) does not require the sanctioning government to specify the Court for trial, so power under Section 14 remains unaffected; 'Court' in Section 197(2) is not synonymous with 'person' in Section 14.

Court Disposition

Petition dismissed

Orders

  • All points raised by petitioners fail; petition dismissed.