Supreme Court of India
Kaptan Singh v. The State of Uttar Pradesh and Others
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.
What the Court ordered
In view of the above and for the reasons stated above, t he impugned judgment and order passed by the High Court quashing the criminal proceedings in exercise of powers under Section 482 Cr.P.C. is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside.
Judgment, page 14
From the headnote
Code of Criminal Procedure, 1973: s. 482 – Inherent powers of High Court – Exercise of – On facts, criminal proceedings u/ss. 147, 148, 149, 406, 329 and 386 IPC pending against the private respondents – High Court in exercise of powers u/s. 482 quashed the criminal proceedings – Sustaina bility of – Held: Not sustainable – High Court exceeded its jurisdiction in quashing the criminal proceedings in exercise of power s u/s. 482 – High Court failed to consider the material collecte d during the investigation/inquiry and even the statements recor ded by the Investigating officer – High Court
Authorities it was built on
- 1990 State of Haryana and Ors v. Ch. Bhajan Lal and Ors.
- 2019 The State of Telangana v. Sri Managipet @ Mangipet Sarveshwar Reddy
- 2018 Dr. Dhruvaram Murlidhar Sonar v. The State of Maharashtra & Ors.
- 2018 Dineshbhai Chandubhai Patel v. State of Gujarat & Ors.
- 2019 Central Bureau of Investigation v. Arvind Khanna
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