Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | fCriminal Procedure Code o 1973 - s.482 - Quashing of supplementary report filed under s.173 by Investigating Officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code o,f Criminal Procedure, 1973 - s.482 - Quashing of supplementary report filed under s.173 by Investigating Officer - In the first charge sheet, the appellants were charged for offence under !PC - Two years later, on complaint of respondent no.2, the SC/ST Commission requested for addition of offence under SC/ST Act - After supplemental report incorporating charges under SCI ST Act was filed, appellants filed petition for quashing the same - High Court was of the view that the charges cannot be quashed in a piecemeal manner - On appeal, held: High Court ought to have exercised its jurisdiction under s.482 to secure the ends of justice - There is no prohibition under law for quashing a chargesheet in part - A person may be accused of several offences under different penal statutes, as in the instant case - He could be aggrieved of prosecution only on a particular charge or charges, on any ground available to him in law - Under s.482, all that the High Court is required to examine is whether its intervention is required for implementing orders under the CrPC or for prevention of abuse of process, or otherwise to secure the ends of justice - A chargesheet filed at the dictate of somebody other than the police would amount to abuse of the process of law and, therefore, High Court ought to have exercised its inherent powers under s.482 to the extent of the abuse - The Supplementary Report filed by the Pol iee, at the direction of the Commission, is quashed - SC/ST (Prevention of Atrocities) Act - s.3(J}(x) - Penal Code, 1860 - ss.323, 504, 506. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 1155 |
Petitioner | Ishwar Pratap Singh & Ors. |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2017] 11 S.C.R. 145 |
Judgement Date | 2017-11-28 |
Case Number | 2039 |
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