Supreme Court · 2001 INSC 525 · Decided 18 October 2001
S.W. Palanitkar and ORS. v. State of Bihar and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 525 · [2001] SUPP. 4 S.C.R. 397
- Case number
- CRIMINAL APPEAL No. 1072/2001
- Decided
- 18 October 2001
- Bench
- D.P. MOHAPATRA, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120B, 406, 420; CrPC Section 200to203, 482, 200
Headnote
Code of Criminal Procedure, 1973: . . . Ss. 200 to 203 and 482. Summons issued on a Criminal complaint-Petitionfiletl for quashing of Criminal proceeding-Dismissetl by High Court-On appeal, held, be.fore issuing a process, Magistrate has to consider the provisions of Sel'tions 200 to 203 of the or in a routine manner-When the acts alleged against did not constitute qffence satisfying 'ingredients, even prima.facie, summons should not have been issu·ed. ·Inherent power qf High Court-Section 482-While exercising inherent power, High Court has to look at the object
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