Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1 ~73 Ss. 362 and 482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Dowry Prohibition Act, 1961 (28 of 1961) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1 ~73; Ss. 362 and 482:Quashing of criminal proceedings - Demand of dowry - Torturing of wife by her husband and in-laws - Lodging of FIR by wife. - Police filing Challan against husband and in-laws of victim u/s s.498A, 506, 406 r/w s.34 IPC and also u/ss.3 & 4 of Dowry .Prohibition Act - Framing of charges by trial Court - Challenge to - Quashing charges against brother and sister of husband of the victim, High Court dismissed the petition as against.other accused persons - SLP dismissed by Supreme Court - Husband and his parents filing petition for invoking s.482 of the Code - Allowed by High Court - Correctness of - Held: Incorrect - Trial Court satisfied that prima facie case made out against accused husband and his parents and framed charges against them - Order of trial Court upheld by High Court as against husband and his parents - Special Leave Petition also dismissed by Supreme Court, thus, upholding framing of charges against accused husband and his parents - In terms of s. 362 of the Code, as soon as Judgment pronounced by a Court, it becomes functus officio and has no power to review, override, alter or interfere with the order passed by it - Power of review is not an inherent power and must be conferred on a Court by express provisions to that effect- On the facts and in the circumstances of the case, High Court erred in exercising power u/s. 482 of the Code in quashing criminal proceedings - Hence, order of the High Court set aside - Appropriate Court to decide the matter in accordance with law-, Indian Penal Code, 1860 - Ss. 34, 406, 498A and 506 - Dowry Prohibition Act - Ss. 3 & 4 - Demand of dowry- Harassment of wife by husband - Power of judicial review - Scope of.Inherent power- Exercise of- Held: It must be exercised in rarest of rare cases. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 106 |
Petitioner | Sunita Jain |
Respondent | Pawan Kumar Jain & Ors. |
SCR | [2008] 2 S.C.R. 58 |
Judgement Date | 2008-01-25 |
Case Number | 174 |
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