Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure I 973. Section 482 |
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. Section 482-Inherent Powers of High Court-Quashing of proceedings- Exercise of-Held, should be exercised sparingly when the complaint does not disclose any offence or is frivolous, vexatious, oppressive or malafide -No meticulous analysis of case necessary-Prime facie decision should normally be avoided where facts are incomplete and hazy-No hard and fast rule can be laid down which would govern exercise of inherent jurisdiction-Under the facts, quashing of proceedings set aside.Prosecution alleged that fake bank guarantees signed by respondent No. 2 posing as Manager of Bank were submitted by respondent No. 1 in the Office of Deputy Commissioner of Excise towards contract of sub-lease to act as excise contractors, and filed charge-sheet against them for commission of offences under Sections 465, 468, 471 and 420 read with Section 120B of Indian Penal Code, 1860. Cognizance was taken by the Chief Judicial Magistrate. Respondents filed application before High Court under Section 482 of the Code of Criminal Procedure, 1973 for quashing proceedings initiated against them which was allowed by a Single Judge on the ground that there was likelihood of prejudice to respondents when excise officials have been indicated as witnesses as their involvement cannot be ruled out; and that there is no material and definite evidence against the respondents. Hence this appeal by the State. Appellant contended that approach of Single Judge was unjustified, illegal and erroneous considering the limited scope of consideration in powers exercisable under Section 482 of the Code at the stage of taking cognizance/framing of charges. Respondents contended that when there is no scope for conviction, continuance of proceedings would have been an abuse of the process of court. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2002 INSC 28 |
Petitioner | State Of Karnataka |
Respondent | M. Devendrappa And Anr. |
SCR | [2002] 1 S.C.R. 275 |
Judgement Date | 2002-01-16 |
Case Number | 72 |
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