Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
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:ss.340, 341(2) - Suo motu proceedings - Complaint as required under s.340 not filed by any person - Proceedings initiated suo motu by High Court- Revision - Maintainability of - Held: Not maintainable.The issue related to the scope and ambit of s.341 Cr.P.C. The High Court examined the question as to whether a person who had not filed an application as required under s.340 Cr.P .C. could file an appeal under s.341 Cr.P.C. The High Court held that a person who had not filed complaint, but the proceedings were initiated suo motu by the Court, could not file an appeal. However it held that a revision petition was maintainable. The latter part of the revision petition order relating to F maintainability before the High Court is challenged before this Court. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 107 |
Petitioner | K. Sudhakaran |
Respondent | State Of Kerala |
SCR | [2009] 1 S.C.R. 868 |
Judgement Date | 2009-02-05 |
Case Number | 452 |
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