Supreme Court of India

Amod Kumar Kanth v. Association of Victim of Uphaar Tragedy and Anr.

Neutral citation

Reported as [2023] 6 S.C.R. 669

Bench K. M. Joseph, B.V . Nagarathna and Ara Vind Kumar JJ.

Decided 20 April 2023

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2 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, the writ petitions are disposed o f in the light of the findings given above and in the light o f the observations as to the existing additional seats and as to the changes whic h may have to be made to them in future after the Administrati on examine the questions on merits and take steps.

Judgment, page 21

From the headnote

Code of Criminal Procedure, 1973 – s.197 –Ambit of – Uphaar Tragedy case – Closure report filed by the CBI a gainst the appellant was rejected by the Magistrate,who instea d took cognizance on the protest petition filed by the first res pondent and issued summons against the appellant – Cognizance was taken for offences u/ss.304A, 337, 338, IPC and u/s.14, Cinem atograph Act r/w the Rules – Appellant filed petition u/s.482, CrPC challenging the order issuing summons – Dismissed – On appeal, held: When considering the question of cognizance being taken in the absence of sanction and thereby

Authorities it was built on

1990 State of Haryana and Ors v. Ch. Bhajan Lal and Ors. cited by 115
2000 Abdul Wahab Ansari v. State of Bihar and Anr. cited by 6
2020 D. Devaraja v. Owais Sabeer Hussain cited by 4
2016 Devinder Singh & Ors. v. State of Punjab through Cbi cited by 4
2014 Sushil Ansal v. State through Cbi cited by 4
2022 Sukhpal Singh Khaira v. The State of Punjab cited by 4
2021 Shantaben Bhurabhai Bhuriya v. Anand Athabhai Chaudhari & Ors. cited by 3
2016 Surinderjit Singh Mand & Anr. v. State of Punjab & Anr. cited by 2

Where later benches applied it

2025 Suneeti Toteja v. State of U.P. & Another relied on
2024 Gurmeet Kaur v. Devender Gupta & Another referred to

Of those, 1 relied on · 1 referred to

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