Supreme Court · 2004 INSC 628 · Decided 1 November 2004
M/S Zandu Pharmaceutical Works LTD. and ORS. v. MD. Sharaful Haque and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 628 · [2004] SUPP. 5 S.C.R. 790
- Case number
- CRIMINAL APPEAL No. 1241/2004
- Decided
- 1 November 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 418, 406, 409; CrPC Section 482, 468(2)(c)
Headnote
Code of Criminal Procedure, 1973: s. 482-Quashing of proceedings in a complaint case-Held, if the C complaint does not disclose any offence or is frivolous, vexatious or oppressive, inherent power to quash the proceedings can be exercised-On facts, complainant did not approach the court with clean are quashed s. 468(2)(c)-Cognizance of offence-Period of limitation-Complaint D filed in 2002 alleging offence to have been committed in 1995-Magistrate issuing process in respect of offence uls 4181PC-Held, court could not have taken cognizance of the offence, as limitation in such case
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