Supreme Court · 2008 INSC 1460 · Decided 17 December 2008
Dhariwal Tobago Products LTD. and Others v. State of Maharashtra and Another
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1460 · [2008] 17 S.C.R. 844
- Case number
- CRIMINAL APPEAL No. 2055/2008
- Decided
- 17 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482, 397; Companies Act
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: < ,... ss. 482 and 397 - Petition· seeking to quash order of c Judicial Magistrate issuing summons - Dismissed by High Court holding that remedy uls 397 could be availed of - HELD: Issuance of summons is not an the meaning of s.397 - Only because a revision petition is maintaina~le, it would not constitute a bar to entertain an D application u/s 482 - Matter remitted to High Court for decision afresh - Alternative remedy - Interlocutory order. A criminal complaint was filed against appellant no. 1, its
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