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Constitution of India, 1950 — Art. 227 — BNSS — Sec. 173 ( 4) — 175(4)(a), 218( 1)— appellant , allegedly, sexually assaulted by three police officers on separate occasions- she , complained about the first incident, allegedly behaved inappropriately with her in her house- no protection is provided for sexual offences at the stage of cognizance, where prior sanction is not required, it cannot be claimed that such protection exists at the stage of investigation- words 'affidavit' and 'after such enquiry as he may think necessary' should be added in Clause 175(3) at the appropriate places, to provide safeguards against any misuse of the law- a judicial magistrate is called upon to take cognizance of a complaint alleging the commission of an offence by a public servant- Allegation, an offence was committed in course of the discharge of official... Read more
A, J.) Appearances: Mr. Anoop Kumar Gupta and Mr. Rohan Gupta, Advs., for the Petitioner. Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Chavi Lazarus and Mr. Manan Wadhwa, Advocates. Mr. Sandeep Kumar Mahapatra, CGSC with ?Ms. Mrinmayee Sahu, Mr. Sugam Kumar Jha, ?Mr. Sreedass K. P., ?Mr. Tribhuvan, ?Mr. Raghav Tandon and ?Mr. Amit Acharya, Advocates with Inspector Satish Kumar from FRRO. HN:Constitution of India, 1950 — Art. 226 — Code of Criminal Procedure, 1973— Sec. 482 , 313, 439 —Saving of inherent powers of the High Court-Power to examine the accused- Special powers of High Court or Court of Session regarding bail—Sec. 14, 31 — Foreigners Act-Penalties for violating visa conditions or illegal stay in India-Attempts, etc., to contravene the provisions of this Act, etc. —Sec.21B, 27A, 61 —... Read more
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