Supreme Court · 2019 INSC 216 · Decided 15 February 2019

Mehboob-Ur-Rehman (D) THR. LRS. v. Sudha Seetharam & Anr

Court
Supreme Court of India
Citation
2019 INSC 216 · [2019] 2 S.C.R. 185
Case number
CRIMINAL APPEAL No. 238/2019
Decided
15 February 2019
Bench
D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 405, 406, 415, 420, 34; CrPC Section 482

Headnote

Code of Criminal Procedure, 1973: s.482 - Petition under - Seeking quashing of criminal proceeding initiated u/ss. 405, 406, 415 and 420 IPC - Rejected by High Court - On appeal, held: High Court, in exercise of jurisdiction u/s. 482 is required to examine whether the their face, constitute ingredients necessary for an offence alleged - The complaint in the present case is bereft of the basic facts necessary to constitute the offences alleged u/ss. 405, 406, 415 and 420 IPC - An attempt has been made by the complainant to cloak a civil dispute

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