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Supreme Court of India 2024-12-13 allowed

OM PRAKASH YADAV vs NIRANJAN KUMAR UPADHYAY & ORS

Bench: 2 — J.B. Pardiwala, Manoj Misra

In Brief

In 2007, a murder case was registered in Firozabad. The accused Ashok Dixit claimed an alibi—that he was arrested the same day in Gwalior, 160 km away, under the Excise Act. Investigation revealed this arrest was fabricated by Gwalior police officers (Respondents 1, 3, 4, and 5) to shield Dixit. The trial court convicted Dixit. The respondent officers sought to quash proceedings against them, claiming they needed government sanction under Section 197 CrPC. The Supreme Court held that lodging a false case is not an official duty, and thus sanction was not required. The Court allowed the appeal and directed trial to proceed.

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Criminal Procedure Public Servants and Officials Prosecution and Sanction Criminal Conspiracy False Charges and Perjury

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