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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