Supreme Court · 2008 INSC 31 · Decided 9 January 2008
M/S. Suryalakshmi Cotton Mills LTD. v. M/S. Rajvir Industries LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 31 · [2008] 1 S.C.R. 432
- Case number
- CRIMINAL APPEAL No. 62/2008
- Decided
- 9 January 2008
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 406, 420, 463; CrPC Section 482, 154; NI Act Section 138, 141
Headnote
,,_ Code of Criminal Procedure, 1973 - ss. 482 and 154 - •• Inherent powers of High Court- Scope of- FIR - Quashing of c - FIR alleging commission of offence u/ss 406, 420 and 463 /PC - Quashed by High Court- Correctness of- Held: Though power possessed by High Court u/s 482 is wide, caution is required while exercising the same - Where FIR prima facie discloses commission of cognizable offence, High D Court should not interfere with investigation - On facts, FIR was quashed before commencement of investigation by Police - Prima facie case for proceeding against accused uls
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