Supreme Court of India

Hridaya Rangan Pd. Verma and Ors. v. State of Bihar and Anr.

Neutral citation
Bench K.T. Thomas and D.P. Mohapatra JJ.
Decided 31 March 2000

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

Accordingly the appeals are allowed. The Judgment/Order dated 13-4-1999 of the Patna High Court in Criminal Misc. No. 22880/1998 and Criminal Misc. No. 24068 of 1998 is set aside and the proceeding in Criminal Case No. 22/96 pending in the Court of Chief Judicial Magistrate, Siwan is quashed.

Judgment, Page 870 (concluding paragraph)

From the headnote

Code of Criminal Procedure, 1973-Section 482-Inherent powers-Exercise of-Held, the extraordinary power under Section 482 Cr.P.C. is to be exercised either to prevent abuse of process of the Court or otherwise to secure the ends of justice-Held further, power of quashing of a criminal proceeding is to be exercise very sparingly and with circumspection and that too in the rarest of rare cases. Indian Penal Code, 1860-Sections 415, 418, 420, 423, 469, 504 and 120B-Offence of cheating-Ingredients of, enumerated-Held, to hold a person guilty of cheating, it is necessary to show that he had fraudulent or dishonest intention right at the beginning of the transaction.

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