Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | criminal law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Law Code of Criminal Procedure, 1973: Section 482- lnherent jurisdiction-Exercise of-Criminal proceedings-When could be quashed-Whether High Court justified in quashing the complaint when allegations prima facie constitute an offence. The appellant was married to the first respondent. After sometime the spouses started living separately. A spurt of litigation followed thereafter. While proceedings for dissolution of the marriage, custody of the minor children and criminal prosecution were pending between the parties, the appellant instituted a complaint before the Chief Judicial Magistrate, for bigamy alleging that the first respondent bad subsequently married the second respondent and that the parents of the Respondents No. 1 and 2, in conspiracy intentionally abetted the performance of the second marriage with the full knowledge that the first marriage of the first respondent with the appellant was subsisting. Respondents No. 1 and 2 and their parents were arrayed as accused. After recording the statement on oath of the complainant and two witnesses, the magistrate took cognizance of the complaint for offences under sections 494 and 109 l.P.C. and issued summons to the accused persons. The accused appeared before court and were released on bail. Thereafter on an application moved by the first respondent under Section 482 Cr.P.C., the High Court quashed the complaint and the subsequent proceedings, holding that in view of the contradictions which went to the root of the case including the jurisdiction of the trial court to take cognizance and proceed with the complaint in question, the continuance of the proceedings on the basis of the complaint before the trial court would amount to abuse of the process of the court. In the appeal, by special leave, before this Court on behalf of the appellant-wife, it was contended that the High Court, in exercising the jurisdiction under section 482 Cr.P.C., had made a probe into the truthfulness of the allegations made and proceeded to analyse the evidence which could be produced in support of the allegations overlooking the well-settled principle laid down for guidance in this regard.On behalf of the respondents it was contended that the circumstances of the case had necessarily to be taken into account to determine whether the allegations made by the complainant were frivolous or vexatious and actuated by oblique motive and that in the facts and circumstances of the instant case, where the factum of the alleged marriage stood disproved by the contradictory statement made earlier to the complainant, the proceedings could not be justified and the High Court had rightly quashed the same. |
Judge | Hon'ble Ms. Justice M. Fathima Beevi |
Neutral Citation | 1992 INSC 130 |
Petitioner | Smt. Chand Dhawan |
Respondent | Jawahar Lal And Ors. |
SCR | [1992] 2 S.C.R. 837 |
Judgement Date | 1992-04-28 |
Case Number | 269 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |