Supreme Court of India

Dineshbhai Chandubhai Patel v. State of Gujarat & Ors.

Neutral citation
Reported as [2018] 1 S.C.R. 62
Bench R. K. Agrawal and Abhay Manohar Sapre JJ.
Decided 5 January 2018

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that the complaint and FIR, do disclose a prima facie commission of various cognizable offences alleged by the complainants against the accused persons and, therefore, the High Court instead of dismissing the application filed by the accused persons in part should have dismissed the application as a whole to uphold the entire FIR in question.

Judgment, page 10

From the headnote

Code of Criminal Pr ocedure, 1973: s.482 – Scope of – Held: Inher ent powers of High Cour t, cannot be str etched to any extent – Such powers cannot be equated with the appellate powers of High Court. s.482 – Application under – Seeking quashing of FIR (which was registered pursuant to thr ee complaints) – High Cour t quashed the FIR to the extent of offences u/ss.406, 420 and 120B of IPC and u/ss.3, 7 and 1 1 of Scheduled Castes and Scheduled T ribes (Prevention of Atrocities) Act – However , it did not quash the FIR in respect of the allegations of cr eating two bogus powers of attorneys,

Where later benches applied it

Of those, 1 relied on · 1 referred to

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