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PETITIONER: M. K. GOPALAN AND ANOTHER
Vs.
RESPONDENT: THE STATE OF MADHYA PRADESH.
DATE OF JUDGMENT: 05/04/1954
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. MUKHERJEA, B.K. DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 362 1954 SCR 168 CITATOR INFO : RF 1957 SC 397 (24) F 1963 SC 728 (4) R 1974 SC 532 (11)
ACT: Constitution of India-Article 14-Criminal Procedure Code (Act V of 1898), sections 14 and 197(1) and (2) -Section 14 whether ultra vires article 14 of the Constitution-Scope of power under section 197(2) and section 14- Whether the word "Court" in section 197 (2) means the same thing as word " person-in section 14.
HEADNOTE: The petitioner, an officer of the Madras Government, was employed in Central Provinces and Berar for the purchase of grains on behalf of the Madras Government. He along with many others, was under prosecution before a Special Magistrate, Nagpur (Mad by a Pradesh), on charges for offences under section 420 of the Indian Penal Code etc. for causing loss to the Madras Government. The Special Magistrate trying the case was appointed by the Madhya Pradesh Government under section 14 of the Code of Criminal Procedure and as the petitioner was a servant of the Government of Madras, the prosecution against him was initiated wit...