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Supreme Court of India

M/s Thermax Ltd. & Ors. v. K.M. Johny & Ors.

Neutral citation
Reported as [2011] 14 S.C.R. 154
Bench P. Sathasivam and Dr. B. S. Chauhan JJ.
Decided 27 September 2011

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the Magistrate committed a grave error in calling for a report under Section 156(3) of the Code from the Crime Branch, Pune.

Judgment, page 32

From the headnote

Code of Criminal Procedure, 19,73: s.156(3) - Investigation in cognizable offence - Complaint before crime branch u/ss.405, 406, 420 rlw s.34, /PC alleging non-payment of dues by appellant-company - Cognizance of offence not taken by crime branch - Application u/s. 156(3) - Magistrate issued direction for investigation - Criminal proceedings initiated - High Court refused to interfere - On appeal, held: Three complaints containing similar a/legations were investigated previously and all were closed as the alleged claim was found to be of civil nature - In those circumstances, it did not lie

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to · 1 mentioned

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