Supreme Court · 1978 INSC 221 · Decided 3 November 1978
H.P. Gupta v. Manohar Lal A.ND ORS.
- Court
- Supreme Court of India
- Citation
- 1978 INSC 221 · [1979] 2 S.C.R. 208
- Case number
- CRIMINAL APPEAL No. 38/1976
- Decided
- 3 November 1978
- Bench
- V.D. TULZAPURKAR, R.S. PATHAK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 447; CrPC Section 456, 456(2), 482; Constitution Article 182, 482
Headnote
Criminal Procedure Code, (Act II of 1974), 1973 Scope of Sec. 456(2)­ Whether the Court of appeal. after having disposed of the appeal has the power lo order restoration of possession of itnmovable property ?.-Construc­ tion of the words "while disposing of the appeal, reference or under S. 447 I.P.C. for trespassing and taking forcible possession of the immovable property, which was in possession of the appellant. The said conviction was confirmed by the Court of Sessions. As the Magistrate did not pass any order for restoration of possession under s. 456 (1) Crl. P.C.,
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