Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Restraint on exercise of powers under Judicial Review Legality of Issuance of summons s. 482 Cr.P.C |
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 | Others |
Headnote | Code of Criminal Procedure, 1973 – Issuance of summons – Legality of – A complaint was made against the appellant-archbishop and other accused persons for having committed an offense u/s. 120B, 406, 409, 418, 420, 423, 465, 467, 468 r/w 34 of IPC alleging that the appellant along with other accused persons had fraudulently disposed of certain immovable property belonging to the church – The first complaint filed by the complainant was dismissed by the court at Maradu on 30.09.2021 without taking cognizance of the complaint as the counsel for complainant did not appear – On 02.04.2019, in another complaint on same set of facts, the trial court (at Kakkanad) dismissed the complaint u/s. 203 of Cr.P.C. with respect to offences u/ss. 409, 418, 420, 465, 467 and 468 of the IPC, however issued summons to the appellants and other accused persons for the offences u/ss. 120-B, 406, 423 r/w s.34 IPC – The appellant filed the revision application before the Sessions Court but the same was dismissed and the petition u/s 482 Cr.P.C. before the High Court was also dismissed – Before the Supreme Court, appellant contended that the instant complaint after dismissal of the earlier complaint on same facts was not maintainable – Held: Trial Court at Kakkanad in the instant complaint cases, before the dismissal of the previous complaint, had already taken cognizance by issuing summons to the appellant and others – It is true that the complainant, in the instant complaint, should have disclosed the full and correct facts more particularly with regard to the previous complaint filed by him against the appellant and other accused but mere non-disclosure of such facts, would not be a ground to set aside the summons issued by the trial Court which after applying its mind and having been prima facie satisfied about the commission of the alleged offences u/ss. 120B, 406 and 423 r/w. 34 of IPC had issued summons – All the three Courts below have discussed in detail about the prima facie involvement of the appellant in the alleged offences, and having carefully examined the record of the complaints in question, there is no illegality or infirmity in the orders passed by the trial Court issuing summons against the appellant. Code of Criminal Procedure, 1973 – s. 482 – Restraint on exercise of powers under Judicial Review – Held: Judicial restraint is a virtue, and the predilections of individual judges, howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law – Unwarranted judicial activism may cause uncertainty or confusion not only in the mind of the authorities but also in the mind of the litigants. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 250 |
Petitioner | Cardinal Mar George Alencherry |
Respondent | State Of Kerala & Anr. |
SCR | [2023] 2 S.C.R. 1014 |
Judgement Date | 2023-03-17 |
Case Number | 836 |
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