Supreme Court of India
Vipin Sahni and Another v. Central Bureau of Investigation
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What the Court ordered
We are of the opinion that the learned Magistrate was fully justified in exercising power under Section 239 Cr.P.C. and discharging the appellants from criminal proceedings in relation to Case No. 456 of 2012.
Judgment, page 14
From the headnote
Code of Criminal Procedure, 1973 – ss.482 and 397 – Special Judicial Magistrate while exercising the power given under section 239 Cr.P. . discharged the appellants – CBI approached the High Court under section 482 Cr.P. . – High Court set aside the discharge order and directed the learned Special Judicial Magistrate to proceed with the case – Appellants preferred appeal against the said impugned order – Order of the High court is set aside. Held: When the specific remedy of revision under section 397 Cr.P. . is available, it could not have been ignored – petition under section 482 Cr.P. .
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