✦ Supreme Court of India

DR. RINI JOHAR & Anr. v. STATE OF M.P & Ors.

Case at a glance

Outcome

Allowed

Consequently, the writ petition is allowed to the extent indicated

Judgment

2.4 In the present case, there has been violation of Article 21 and the petitioners were compelled to face humiliation. They have been treated with an attitude of insensibility. Not only there are violation of guidelines issued in the case of * D.K. Basu, there are also flagrant violation of mandate of law enshrined under Section 41 and Section 41-A of CrPC. The investigating officers in nc circumstances can flout the law with brazen proclivity. In such a situation, the public law remedy comes into play. The constitutional courts taking note of suffering and humiliation are entitled to grant compensation. That has been regarded as a redeeming feature. (Para 27)(597-B-D)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Consequently, the writ petition is allowed to the extent indicated

Which statutory provisions did this judgment involve?

Information Technology Act, 2000 — s. 34; Code of Criminal Procedure, 1973 — ss. 6, 41, 41(1), 41(2), 420, 482; Constitution of India — arts. 21, 32; Indian Penal Code, 1860 — ss. 34, 41, 41A, 420; A(b) of the Act — s. 66; Prevention of Corruption Act, 1988 — ss. 13(1)(d), 13(2).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Supreme Court of India or eCourts case status (search case no. CRIMINAL) No. 30 of 2015). ← Search more judgments