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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 482 – Applicationunder, to quash charges under Penal Code – Dismissal of, by theSingle Judge quoting principles of law laid down by this Courtrelating to powers of the High Court to interfere in cases filed u/s.482 but without mentioning the facts of the case – On appeal held:Single Judge ought to have first set out the brief facts of the casewith a view to understand the case and then examined the challengemade to the proceedings in the light of the principles of law laiddown by this Court and then recorded his finding as to on whatbasis and reasons, a case is made out for any interference or not –Such disposal of the application by the High Court cannot beconcurred with – Matter remanded to the High Court to decide theapplication afresh. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 1163 |
Petitioner | Lajpat & Ors. |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2018] 14 S.C.R. 1107 |
Judgement Date | 2018-12-06 |
Case Number | 1569 |
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