Supreme Court · 2016 INSC 853 · Decided 6 September 2016
Dhariwal Industries LTD. v. Kishore Wadhwani & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 853 · [2016] 5 S.C.R. 212
- Case number
- CRIMINAL APPEAL No. 859/2016
- Decided
- 6 September 2016
- Bench
- DIPAK MISRA, ADARSH KUMAR GOEL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 301, 302, 239, 200, 156(3), 173(2)
Headnote
Code of Criminal Procedure, 1973: ss. 301, 302 - Permission to conduct prosecution - Role of complainant - Held: Role of informant or the party is limited during the prosecution of a case in a Court of Session - Counsel engaged by him is required to act under the directions - As far as s.302 is concerned, power is conferred on the Magistrate to grant permission to the complainant to conduct the prosecution independently - However, for availing benefit of s.302, he has to file a written application making out a case so that magistrate can exercise the ;urisdiction
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