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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s. 482 - Power of High Court to quash proceedings - Settlement of dispute between parties - Effect of - Criminal proceedings against accused-appellant for offences punishable u/s 120B IPC, s.13 (2) r/w s. 13(1)(d) of PC Act and ss. 420 and 471, IPC - Held: In the instant case, charge- sheet has been submitted and charges have been framed - Appellant has been charged u/s 13(1)(d) of PC Act, u/s 420 IPC (compoundable with leave of court) and s. 471, IPC (non-compoundable) - The offences are serious and not private in nature - Charge of conspiracy is to commit offence under PC Act - Though amounts due to bank have been paid under a private settlement, there is no acknowledgement by the bank of exoneration of accused-appellant from criminal liability - Since High Court has come to the conclusion that power u/s 482 should not be exercised to quash criminal proceedings against accused-appellant, there is no justification to interfere with the said decision - Prevention of Corruption Act, 1988 - s, 13 (2) r/w s.13(1)(d) - Penal Code, 1860 - SS. 120 B, 420 and 471.REFERENCE TO LARGER BENCH: Judgement - Binding effect of - Held: Reference of a case to a larger Bench necessarily has to be for a reconsideration of the principle of law on which the case has been decided and not the merits of the decision - The decision rendered by any Bench is final inter-parte, subject to the power of review and the curative power. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 255 |
Petitioner | Gopakumar B. Nair |
Respondent | C.b.i & Anr. |
SCR | [2014] 4 S.C.R. 792 |
Judgement Date | 2014-04-07 |
Case Number | 831 |
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