Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 482 – Inherent powers of High Court |
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 | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 482 – Inherent powers of High Court – Exercise of – On facts, criminal proceedings u/ss. 147, 148, 149, 406, 329 and 386 IPC pending against the private respondents – High Court in exercise of powers u/s. 482 quashed the criminal proceedings – Sustainability of – Held: Not sustainable – High Court exceeded its jurisdiction in quashing the criminal proceedings in exercise of powers u/s. 482 – High Court failed to consider the material collected during the investigation/inquiry and even the statements recorded by the Investigating officer – High Court failed to appreciate and consider the fact that there were very serious triable issues/allegations which were required to be gone into and considered at the time of trial – High Court lost sight of crucial aspects which emerged during the course of the investigation – High Court grossly erred in entering into the merits of the allegations as if the High Court was exercising the appellate jurisdiction and/or conducting the trial – Also, the High Court erred in observing that original complainant has no locus – Order passed by the High Court quashing the criminal proceedings in exercise of powers u/s. 482 is quashed and set aside. s. 482 – Power under – Scope and limit of – Discussed. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2021 INSC 402 |
Petitioner | Kaptan Singh |
Respondent | The State Of Uttar Pradesh And Others |
SCR | [2021] 8 S.C.R. 408 |
Judgement Date | 2021-08-13 |
Case Number | 787 |
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