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 - Criminal proceedings u/s. 1208 rlw s. 420 /PC and uls. 628 |
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 — Criminal proceedings u/s. 120B r/w s. 420 IPC and u/s. 628 of Companies Act before Special Court for Economic Offences - Application for quashing the proceedings by five of the accused — Proceedings quashed qua the applicants-accused on the grounds that the cognizance was taken without jurisdiction because the complaint did not make out prima facie case for offence u/s. 628 and because the complainant did not belong to any of the categories who were entitled to file a complaint u/s. 621 of Companies Act — On appeal Held: The allegation in the complaint against the accused in question was only in respect of ss. 120B and 420 IPC — Hence the proceedings were wrongly quashed — However, even if allegations are in respect of special Acts as also IPC, the Special Court would have jurisdiction to try all the offences to avoid multiplicity of proceedings — This is also permissible. by virtue of Notification dated 13.3.1981 issued by Government of Andhra Pradesh — Companies Act, 1956 — ss. 621 and 628 — Penal Code, 1860 — s. 120B r/w 420. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2015 INSC 266 |
Petitioner | S. Satyanarayana |
Respondent | Energo Masch Power Engineering & Consulting Pvt. Ltd. & Ors. |
SCR | [2015] 3 S.C.R. 1094 |
Judgement Date | 2015-03-26 |
Case Number | 516-518 |
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