Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code (Act II of 1974) 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Procedure Code, (Act II of 1974), 1973 Scope of Sec. 456(2) - Whether the Court of appeal, after having disposed of the appeal has thepower to order restoration of possession of immovable property ? - Construction of the words "while disposing of the appeal, reference or revision" in S. 456 of the Code.Respondents 1 to 4 were convicted by a Metropolitan Magistrate under S. 447 I.P.C. for trespassing and taking forcible possession of the immovable property, which was in possession of the appellant. The said conviction was confirmed by the Court of Sessions. As the Magistrate did not pass any order for restoration of possession under s. 456 (1) Crl. P.C., the appellant made an application two weeks after the confirmation of the conviction to the Appellate Court for restoration of possession of the property under s. 456 (2) Crl. P.C. which was ordered. But the Delhi High Court while allowing the application under Art. 227 of the Constitution r/w s. 182 Cr!. P.C. made by the respondents 1 to 4 set aside the order of restoration of possession holding that "the language of sub- s. (2) of s. 456 Cr. P.C. is plain and unambiguous and leaves no doubt that the Court of appeal, confirmation, or revision has no power to pass any order of restoration after the appeal, reference or revision has been disposed of". The construction placed by the High Court on the words "while disposing of the appeal, reference or revision" occurring in s. 456 (2) Cr. P.C. was challenged by the appellant. |
Judge | Hon'ble Mr. Justice V.D. Tulzapurkar |
Neutral Citation | 1978 INSC 221 |
Petitioner | H.p. Gupta |
Respondent | Manohar Lal A.nd Ors. |
SCR | [1979] 2 S.C.R. 208 |
Judgement Date | 1978-11-03 |
Case Number | 38 |
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