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 - s.482 - Exercise of power under |
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 - Exercise of power under - Scope - Allegations of misappropriation of funds by officials of NAFED - Charge-sheet against appellant and respondent no. 3 alongwith other accused - Respondent no.3 filed writ petition u/s.482 CrPC r/w Art. 226/227 of the Constitution - Appellant not shown or impleaded in the petition as a party - High Court allowed the writ petition and o quashed criminal proceedings pending against respondent no.3 before the Magistrate - Held: High Court erred in quashing the complaint against respondent no.3 without hearing the appellant who was co-accused in the case as their alleged roles were interconnected - High Court further erred in coming to a finding against the appellant without the appellant being a party in the writ petition filed by respondent no.3 - High Court simply agreed with the submissions of respondent no.3 against the appellant without giving him opportunity of being heard - The High Court over exercised its jurisdiction which was in complete violation of the principles of natural justice - Though the High Court possesses inherent powers u/s. 482 CrPC, these powers are meant to do real and substantial justice, for the administration of which alone it exists or to prevent abuse of the process of the court - Inasmuch as the appellant was not impleaded/shown as one of the parties before the High Court, the specific finding against his alleged role, based on the submissions of respondent no.3 without giving an opportunity of being heard, cannot be sustained - Matter remitted back - Appellant be impleaded as respondent no.4 in the writ Petition - High Court to hear the matter afresh - Penal Code, 1860 - s.120B r/w ss.409, 411, 420, 467, 468 and 471. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2014 INSC 211 |
Petitioner | Homi Rajvansh |
Respondent | State Of Maharashtra & Ors. |
SCR | [2014] 4 S.C.R. 475 |
Judgement Date | 2014-03-27 |
Case Number | 687 |
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