Supreme Court · 2009 INSC 107 · Decided 5 February 2009
K. Sudhakaran v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2009 INSC 107 · [2009] 1 S.C.R. 868
- Case number
- CRIMINAL APPEAL No. 452/2002
- Decided
- 5 February 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 341
Headnote
c Code of Criminal Procedure, 1973: D ss.340, 341(2) - Suo motu proceedings - Complaint as required under s.340 not filed by any person - Proceedings initiated suo motu by High Court- Revision - Maintainability of - Held: Not maintainable. The issue related to the scope and ambit of s.341 Cr.P.C. the question as to whether a person who had not filed an application as required under s.340 Cr.P .C. could file an appeal under E s.341 Cr.P.C. The High Court held that a person who had not filed complaint, but the proceedings were initiated suo motu by the Court, could not file an
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