Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Remanded |
Headnote | Code of Criminal Procedure, 1973: s.482 – Quashing ofproceedings – Complaint filed under s.498A IPC – Application forquashing the proceedings filed under s.482 dismissed by the HighCourt – On appeal, held: High Court did not mention the bare factsof the case with a view to appreciate the factual controversy, suchas, what was the nature of the complaint/FIR filed against theappellants, the allegations on which it was filed, the offences underwhich appellants prosecution was sought, who filed the complaint/FIR/proceedings, whether it pertained to a cognizable offence ornot, the grounds on which the complaint/FIR/ proceedings waschallenged, why such grounds were not made out under s.482 ofthe Code etc. – High Court ought to have first set out the brief factsof the case with a view to understand the factual matrix and thenexamined the challenge made to the proceedings to record thefindings as to on what basis and the reasoning, these principlesapply to the facts of the case at hand so as to either call for anyinterference therein or not – Matter remitted to High Court forconsideration afresh – Penal Code, 1860 – s.498A. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1138 |
Petitioner | Geeta & Ors. |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2018] 14 S.C.R. 466 |
Judgement Date | 2018-12-03 |
Case Number | 1544 |
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