Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Jurisdiction of High Court Scope of s.482 Cr.P.C |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 – s.482 – Jurisdiction of High Court – Scope of – Appellants and the Respondent No.2-de facto complainant are apparently close relatives and embroiled in a partition suit filed by the Appellant No.2 – Appellant No.2 also filed criminal complaint against the de facto complainant – Criminal proceedings being PRC No.2 of 2018 filed against the appellants u/ss.307, 323, 427, 447 and 506(2) r/w s.34, IPC – As per the appellants, the respondent no.2 falsely implicated them as counter blast to the criminal complaint filed by the Appellant No.2 – Petition u/s.482 filed by the appellants for quashing the proceedings in PRC No.2 of 2018 – Dismissed – On appeal, held: Plenary inherent jurisdiction of the Court u/s.482 of CrPC may be exercised to give effect to an order under the Code; to prevent abuse of the process of the Court; and to otherwise secure the ends of justice – However, while exercising such powers, the High Court does not function as a Court of appeal or revision – Power u/s.482 should not be exercised to stifle legitimate prosecution – At the same time, if the basic ingredients of the offence alleged are altogether absent, the criminal proceedings may be quashed u/s.482 – Power to quash the proceedings is generally exercised when there is no material to proceed against the Petitioners even if the allegations in the complaint are prima facie accepted as true – In the instant case, the High Court rightly found that the allegations in the complaint coupled with the statements recorded by the Magistrate had the necessary ingredients of offences u/ss.307, 323, 427, 447 and 506(2) r/w s.34, IPC– High Court rightly refused to quash the criminal complaint, observing that it can exercise power u/s.482 only in rare cases – Not fit case to quash the criminal proceedings – Penal Code, 1860 – ss.307, 323, 427, 447, 506(2) r/w s.34 and ss.120B, 420, 463, 464, 466, 467, 468, 469, 470 and 471. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2019 INSC 847 |
Petitioner | Chilakamarthi Venkateswarlu & Anr.v. State Of Andhra Pradesh & Anr. |
Respondent | State Of Andhra Pradesh & Anr. |
SCR | [2019] 10 S.C.R. 801 |
Judgement Date | 2019-07-31 |
Case Number | 1082 |
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