Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jurisdiction writ petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s.482 - Jurisdiction - Scope of -Criminal proceedings ulss.420, 468/471 IPC against respondent no. 1 's husband, and three other accused - All accused, without prejudice to their claim, -deposited money with appellant, a channelising industry under the Ministry of Commerce - Case against husband of respondent no. 1 stood abated on his death - Other three accused acquitted - After acquittal, they were granted relief of refund of the money deposited, by the High Court - Similar claim by respondent no. 1 on behalf of her late husband - Allowed by High Court in exercise of jurisdiction u/s.482 CrPC - Propriety - Plea of appellant that husband of respondent no. 1 deposited the amount not in pursuance of any order of court but on his own volition to avoid arrest, and hence same cannot be directed to be refunded u/s.482 CrPC - Held: Evidence on record make it clear that the money was deposited by the husband of respondent no. 1 on his own volition with the appellant - Deposition of any sum as a condition of bail and a deposit with the Agency on one's own even if to avoid arrest would stand on a different footing - The later action has nothing to do with the proceedings in the court - s.482 CrPC could not have been exercised as the action taken by appellant, was absolutely an administrative action and, therefore, the same could only be challenged by way of a writ petition and not by seeking relief invoking the inherent power u/s.482 CrPC - Liberty granted to appellant to approach the High Court by way of writ petition - Penal Code, 1860 - ss.420, 468/471. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 365 |
Petitioner | Engineering Export Promotion Council |
Respondent | Usha Anand And Another |
SCR | [2013] 6 S.C.R. 285 |
Judgement Date | 2013-05-29 |
Case Number | 387 |
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