Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973 – s.397 – Criminal revision – Judicial Magistrate declined to discharge appellant in a case u/ ss.504 and 506 IPC – Criminal revision against the order turned down by High Court on ground of lack of jurisdiction u/s.397 CrPC while citing a Supreme Court decision in Asian Resurfacing case – On appeal, held: The High Court apparently under-appreciated the decision in Asian Resurfacing case – One may say so at least for two reasons – Firstly, the said case dealt with a challenge to charges framed under the Prevention of Corruption Act, 1988 (POCA) which not only is a special legislation, but also contains a specific bar u/ s.19 thereof against routine exercise of revisional jurisdiction – Secondly, Supreme Court in Asian Resurfacing case while expressing concern regarding the need to tackle rampant pendency and delays in criminal law system, followed the ratio laid down in an earlier decision in Madhu Limaye wherein it is laid down that orders framing charges or refusing discharge are neither interlocutory nor final in nature and are therefore not affected by the bar of s.397(2) CrPC – That apart, the High Court is imbued with inherent jurisdiction to prevent abuse of process or to secure ends of justice having regard to the facts and circumstances of individual cases – In the present case, the High Court committed jurisdictional error by not entertaining the revision petition on merits and overlooking the fact that ‘discharge’ is a valuable right provided to the accused – In line with the fact that the High Court and the court below did not examine the fairness of criminal investigation in this case and other related aspects concerning improvement of witness statements, the High Court is directed to decide the revision petition afresh – IPC – ss.504 and 506 – Revision. Jurisdiction – Inherent Jurisdiction – Inherent Jurisdiction of the High Court – Ambit of – Held: High Court is imbued with inherent jurisdiction to prevent abuse of process or to secure ends of justice having regard to the facts and circumstance of individual cases – However, the High Court, while exercising its afore-stated jurisdiction ought to be circumspect – Discretion vested in the High Court is to be invoked carefully and judiciously for effective and timely administration of criminal justice system – Nonetheless, a complete hands off approach is not recommended – Albeit, there should be interference, may be, in exceptional cases, failing which there is likelihood of serious prejudice to the rights of a citizen – Abuse of Court – Prevention of – Administration of criminal justice. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2021 INSC 292 |
Petitioner | Sanjay Kumar Rai |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2021] 7 S.C.R. 143 |
Judgement Date | 2021-05-07 |
Case Number | 472 |
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