Supreme Court · 2021 INSC 292 · Decided 7 May 2021

Sanjay Kumar Rai v. State of Uttar Pradesh & ANR.

Court
Supreme Court of India
Citation
2021 INSC 292 · [2021] 7 S.C.R. 143
Case number
CRIMINAL APPEAL No. 472/2021
Decided
7 May 2021
Bench
N.V. RAMANA, SURYA KANT, ANIRUDDHA BOSE (3-judge bench)
Outcome
Directions issued
Case type
Criminal
Acts & sections cited
IPC Section 504, 506; CrPC Section 397, 397(2); Prevention of Corruption Act

Headnote

Code of Criminal Procedure, 1973 - s.397 - Criminal revision - Judicial Magistrate declined to discharge appellant in a case u/ ss.504 and 506 IPC - Criminal revision against the order turned down by High Court on ground of lack of jurisdiction u/s.397 CrPC while citing a case - On appeal, held: The High Court apparently under-appreciated the decision in Asian Resurfacing case - One may say so at least for two reasons - Firstly, the said case dealt with a challenge to charges framed under the Prevention of Corruption Act, 1988 (POCA)

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