Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CODE OF CRIMINAL PROCEDURE 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973:Sections 205, 313, 482 and 483 r/w Article 227 of the Constitution - Powers of High Court - Complaint for offence punishable u/s 138 of NI Act - Petition u/s 482 by accused before High Court praying for dispensing with personal presence before Magistrate - General directions by High Court to all criminal courts as regards cases involving offences technical in nature and not involving moral·turpitude, to invoke the discretion u/s 205 CrPC and a further direction that only a summons shall be issued at the first instance - HELD: The satisfaction whether or not an accused deserves to be exempted from personal attendance has to be of the Magistrate and none else and this discretion cannot be circumscribed by any general directions - Similarly, the direction to accept and consider written statement of the accused is not in accord with the language of s.313 CrPC nor with the dictum laid down by Supreme Court - Inherent powers of High Court u/s 482 and power of superintendence under Article 227 of the Constitution have to be exercised sparingly and only in appropriate cases - In the instant case, High Court exceeded its jurisdiction u/s 482 CrPC and/or Article 227 of the Constitution in laying down the general directions which are inconsistent with the clear language of ss. 205 and 313 CrPC - Impugned order containing general directions set aside - Constitution of India, 1950 - Article 227 - Judicial propriety - Administration of Criminal Justice.JUDICIAL PROPRIETY:High court issuing general directions as regards dispensing with personal presence of accused u/s 205 and to accept written statement of the accused u/s 313 CrPC .Held: In light of guidelines laid down by Supreme Court, further directions on same issue laid down by· High Court are uncalled for- Code of Criminal Procedure, 1973 - ss. 205, 313 and 482 - Constitution of India, 1950 - Article 227. |
Judge | Hon'ble Mr. Justice A.K. Ganguly Hon'ble Mr. Justice D.K. Jain Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 45 |
Petitioner | Tgn Kumar |
Respondent | State Of Kerala And Ors. |
SCR | [2011] 1 S.C.R. 436 |
Judgement Date | 2011-01-14 |
Case Number | 1854 |
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