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 Inherent powers of High Court |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Code of Criminal Procedure, 1973: s.482 – Scope of – Held: Inherent powers of High Court, cannot be stretched to any extent – Such powers cannot be equated with the appellate powers of High Court. s.482 – Application under – Seeking quashing of FIR (which was registered pursuant to three complaints) – High Court quashed the FIR to the extent of offences u/ss.406, 420 and 120B of IPC and u/ss.3, 7 and 11 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – However, it did not quash the FIR in respect of the allegations of creating two bogus powers of attorneys, blackmailing and extortion, etc. – Cross appeals by the complainants and the accused – Held: The three complaints and the FIR do disclose a prima facie commission of various cognizable offences – Therefore, the High Court should have upheld the entire FIR – In order to examine as to whether factual contents of FIR disclose any prima facie cognizable offence or not, High Court cannot act like an investigating agency and nor can exercise the powers like an appellate court – High Court exceeded its power while exercising its inherent jurisdiction u/s. 482. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 5 |
Petitioner | Dineshbhai Chandubhai Patel |
Respondent | State Of Gujarat & Ors. |
SCR | [2018] 1 S.C.R. 62 |
Judgement Date | 2018-01-05 |
Case Number | 12 |
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