Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India I 950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India, 1950:Art. 226 - Son of Respondent No.1 sustained fire-arm injuries - Case registered under s. 307 IPC - I.O. submitted final report excluding accused-Appellants of the offence on basis of alibi claimed by them - Respondent No.1 filed writ petition before High Court praying for direction to investigating agency to proceed in the case in a "fair and proper" manner - High Court directed Respondent No. 1 to file protest petition before Trial Magistrate and kept the writ petition pending for order of the Magistrate - Correctness of - Held, not correct - High Court could not have directed Respondent No.1 to lodge the protest petition - It was for the informant to do so if he intended to do so - High Court further could not have kept the matter pending and indicated its anxiety to know the order passed by the Magistrate - It is clearly indicative of the fact that the High Court wanted the rejection of the final report though it was not specifically spelt out - In the circumstances, order passed by High Court and the consequential order passed by Magistrate are set aside - Protest petition, filed, shall be considered by the Magistrate in accordance with law uninfluenced by any observation made by High Court - Penal Code, 1860 - s.307 - Code of Criminal Procedure, 1973 - ss. 156, 169, 173 & 190.The son of Respondent No.1 sustained fire-arm injuries at the hands of some miscreants. A case was registered under Section 307 IPC. The Investigating Officer submitted final report excluding the accused-Appellants of the offence on the basis of alibi claimed by them. Respondent No.1 filed writ petition before High Court praying for a direction to the investigating agency to proceed in the case in a "fair and proper" manner. High Court directed Respondent No.1 to file protest petition before the Trial Magistrate and kept the writ petition pending for order of the Magistrate. Appellant contended before this Court that the directions given by High Court could not be sustained since it indirectly directed rejection of the final report submitted by the Investigating Officer which was evident from the fact that the High Court expressed its anxiety to know the order passed by the Magistrate and kept the writ petition pending for order of the Magistrate. It was submitted that in view of the clear indication of view made by the High Court, the Trial Magistrate was bound to be influenced. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1093 |
Petitioner | Sanjay Bansal And Anr. |
Respondent | Jawaharlal Vats And Ors. |
SCR | [2007] 11 S.C.R. 591 |
Judgement Date | 2007-10-22 |
Case Number | 1453 |
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