Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Section 307/34 IPC 1973 s.482 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | 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 Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 - Quashing of proceedings - Complaint against respondent no. I alleging commission of offence u/ss.307134 !PC - Case of complainant was that on the date of incident, respondent no. I-police official intercepted his wuy, abused him and then fired a gun shot on his leg and as a result he fell down and thereafter police party started hilling him with butt of firearm and also with kicks and punches - FIR - Petition filed by respondent no. I for quashing of criminal proceedings - During pendency of proceedings, he filed compromise petition stated to have been entered into between him and complainant - Case of respondent no. I was that on the day of incident. there was an attack on police party by dacoits and the complainant was injured during the firing of the dacoits - During trial against the dacoits, respondent no. I was examined as a witness - Besides him, other witnesses also recorded statement that the dacoit fired from his gun which hit the complainant - High Court quashed the FIR -Appeal by State - Held: It is apparent from the order that the High Court did not consider the facts and circumstances of the case and that there was serious counter a/legation made against the complainant by accused respondent - It was alleged in the petition filed u/s.482 Cr.P.C. that he was harbouring the dacoits and gun-shots were fired by dacoits and injury suffered by complainant was caused by gun shot fired by dacoits - It is apparent that the complainant of the present case was not made an accused in the offence registered by the police in the year 2007 against certain dacoits and as they absconded, the trial was closed - The prayer was made before the High Court by respondent no. I to reopen the trial and to try respondents 5 to 7 in the Sessions trial on the basis of offence registered in the year 2007 - Considering allegations and counter-allegations, it was not such a case which could have been compromised by the complainant and the accuse. |
Judge | N/A |
Neutral Citation | 2016 INSC 337 |
Petitioner | State Of M.p. & Anr. |
Respondent | Rajveer Singh & Ors. |
SCR | [2016] 2 S.C.R. 1047 |
Judgement Date | 2016-04-25 |
Case Number | 446 |
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