Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Quashing of cognizance order Charge sheet 1973: s.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) 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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 — Quashing of cognizance order —‘Appeal against, maintainability — Murder of woman — FIR by husband of victim-deceased alleging that murder was committed by appellant no.2 and another person — During investigation, witnesses deposed before CJM that the husband of deceased killed the deceased — Charge sheet against 4 persons — After filing of charge sheet, husband started harassing the witnesses ~ With a view to threaten, he went to the house of appellant no.1 with pistol and dagger — FIR was lodged against him under Arms Act ~ Supplementary charge sheet filed against husband and other accused persons — CJM took cognizance of offence against them — Petition filed u/s.482 for quashing cognizance order — High Court quashed the cognizance order — Appeal against — Whether maintainable and whether High court exceeded its jurisdiction while exercising inherent power u/s.482 - Held: The material placed on record revealed that the CJM took cognizance of the offences alleged against the accused-persons after perusal of case diary, chargesheet and other material placed before the court - The cognizance was taken, as a prima facie case was made out against the accused- persons ~ The evidence collected by the 1.0. by recording the statement of prosecution witnesses alongwith the chargesheet was duly considered by the CJM before taking cognizance and, therefore, the same should not have been interfered with by the High Court in exercise of its inherent power u/s.482 — Further, High Court failed to take into consideration another important aspect that the case at hand related to the grave offence of murder and that the criminal proceedings related thereto should not lightly be interfered with. Criminal law: Cognizance of offence — Duty of court at the Stage of taking cognizance of offence — Held: At the stage of taking cognizance, the court should not get into the merits of the case made out by the police, in the chargesheet filed by them, with a view |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2016 INSC 306 |
Petitioner | Amanullah And Anr. |
Respondent | State Of Bihar And Ors. |
SCR | [2016] 2 S.C.R. 1027 |
Judgement Date | 2016-04-12 |
Case Number | 299 |
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