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 - s.482- Jurisdiction under - Parameters of interference with criminal proceeding by High Court - Discussed - On facts, there were allegations of execution of forged Will - Complaint petition in this regard was dismissed by a reasoned order - Second complaint petition reiterating same allegations as made in first complaint petition - Maintainability of - Held: Not maintainable - Dispute was essentially civil in nature and criminal court could not determine the same - In any event, the second complaint petition did not disclose any exceptional case and no fresh fact was brought to notice of the court - Hence, summons issued by Magistrate on the second complaint petition was wholly illegal and without jurisdiction - High Court erred in rejecting the application filed by accused uls.482 CrPC - Penal Code, 1860 - ss.420, 462, 467, 468 and 471 - Will.Appellants and respondent no.3 are co-sharers in certain property. Dispute arose between them with regard to validity of a registered Will. Prima facie, a Civil Court found the said Will to be genuine. A complaint petition filed by respondent no.3 u/ss. 420, 462, 467, 468 and 471 IPC on the premise that the said Will was forged and fabricated was dismissed by the Magistrate. Revision application filed thereaginst was also dismissed. Subsequently respondent no.3 filed application u/s.156(3) CrPC making similar allegations of forged Will, whereupon the Magistrate issued summons against the appellants. Appellants filed application urs. 482, CrPC. The High Court declined to go into the merits of the matter and dismissed the application. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 461 |
Petitioner | Hira Lal & Ors. |
Respondent | State Of U.p. & Ors. |
SCR | [2009] 5 S.C.R. 567 |
Judgement Date | 2009-04-08 |
Case Number | 662 |
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