Supreme Court of India

Inder Mohan Goswami and Anr. v. State of Uttaranchal and Ors.

Neutral citation
Reported as [2007] 10 S.C.R. 847
Bench K.G. Balakrishnan J.
Decided 9 October 2007

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.

20 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that the impugned judgment of the High Court in declining to exercise its inherent power has led to grave miscarriage of justice.

Judgment, page 25

From the headnote

Code of Criminal Procedure, 1973: s. 482-lnherent powers of High Court-Scope and ambit of- Dispute of civil nature between parties emanatingfrom cancellation c of General Power of Attorney and termination of agreement to sell­ Civil suit pending in court-On complaint, an FIR registered and criminal proceedings initiated-Non-bailable warrants issued-High Court declining to quash criminal proceedings-HELD: Dispute being purely of civil nature and civil suit of complainants pending in court of competent jurisdiction, initiation of criminal proceedings by them is clearly an abuse of process of

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