Supreme Court · 1990 INSC 73 · Decided 2 March 1990
MOSTT. Simrikhia v. SMT. Dolley Mukherjee @ SMT. Chhabi Mukherjee & ANR.
- Court
- Supreme Court of India
- Citation
- 1990 INSC 73 · [1990] 1 S.C.R. 788
- Case number
- CRIMINAL APPEAL No. 128/1990
- Decided
- 2 March 1990
- Bench
- A.M. AHMADI, M. FATHIMA BEEVI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 323, 452; CrPC Section 362, 482, 192(2), 202
Headnote
SIMRIKHIA v. SMT. DOLLEY MUKHERJEE@ SMT. CHHABI MUKHERJEE & ANR. MARCH 2, 1990 [A.M. AHMADI AND M. FATHIMA BEEVJ, JJ.) Code of Criminal Procedure, 1973: Sections 362 and 482- lnherent power of High Court-To be invoked only to prevent abuse of process of Court and to secure ends of First Class, who transferred the case to Second Class Magistrate for enquiry. The Second Class Magistrate issued process to the respon- D dents, which was challenged under Section 482 Cr.P.C., on the ground that the First Class Magistrate transferred the case without taking cognizance and that
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)