Supreme Court of India
Himanshu Kumar and Others v. State of Chhattisgarh and Others
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered view that before giving a direction to file complaint against Defendants 1 to 6, it was necessary for the learned Single Judge to conduct a preliminary enquiry as contemplated under Section 340 CrPC and also to afford an opportunity of being heard to the defendants, which was admittedly not done.
Judgment, page 77
From the headnote
Criminal Law – Constitution of India – Article 32 – Petition seeking mandamus for re-investigation / further investigation – Two incidents of alleged brutal massacre of tribals in three villages in the State of Chhattisgarh – Case of the writ petitioners that the Chhattisgarh Police, Special Police Officers (SPOs), the activists of Salwa Judum (group of vigilantes sponsored by the Chhattisgarh Government) and the Paramilitary Forces consisting of the CRPF and the CoBRA Battalions were responsible for the alleged massacre – Whether any case was made out by the writ petitioners for…
Authorities it was built on
- 2010 State of West Bengal & Ors. v. The Committee for Protection of Democratic Rights, West Bengal & Ors
- 2008 Divine Retreat Centre v. State of Kerala & Ors.
- 2011 Narmada Bai v. State of Gujarat and Ors
- 1973 Santokh Singh v. Izhar Hussain and Anr.
- 2018 Romila Thapar and Ors. v. Union of India and Ors.
- 2016 Amarsang Nathaji as Himself and as Karta and Manager v. Hardik Harshadbhai Patel and Others
- 2013 Prof. K.V. Rajendran v. Superintendent of Police, Cbcid South Zone, Chennai & Ors.
- 1977 K. Karunakaran v. T. V. Eachara Warrier
- 2001 Pritish v. State of Maharashtra and Ors.
- 2010 R.S. Sujatha v. State of Karnataka and Ors.
- 2011 Muthu Karuppan v. Parithi Llamvazhuthi and Anr.
- 2015 Sanjiv Rajendra Bhatt v. Union of India & Ors.
- 2019 Aarish Asgar Qureshi v. Fareed Ahmed Qureshi & Anr.
- 2006 K.karunakaran v. State of Kerala
- 2018 E. Sivakumar v. Union of India and Ors.
- 1966 Baban Singh and Anr. v. Jagdish Singh & Ors.
- 1978 S. P. Kohli, Civil Surgeon, Ferozepur v. High Court of Punjab & Hary Ana
- 1966 M. L. Sethi v. R. P. Kapur & Anr.
Where later benches applied it
- 2024 K. Vadivel v. K. Shanthi & Ors.
- 2024 James Kunjwal v. State of Uttarakhand & Anr.
- 2024 Vishal Tiwari v. Union of India & Ors
Of those, 2 referred to · 1 mentioned
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