Supreme Court · 2003 INSC 643 · Decided 18 November 2003
State of Madhya Pradesh v. Avadh Kishore Gupta and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 643 · [2003] SUPP. 5 S.C.R. 672
- Case number
- CRIMINAL APPEAL No. 292/1997
- Decided
- 18 November 2003
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Evidence Act Section 106; Constitution; Prevention of Corruption Act Section 13(l)(e)
Headnote
Code of Criminal Procedure, 1973; Section 482/Prevention of . Corruption Act, 1988; Section 13(1)(e): Petition to quash the investigation and the proceedings against a Government Servant under Prevention of Corruption Act-High Court quashed the proceedings holding that the evidence collected does liable for conviction-On appeal, Held: Since no procedural enactment could be exhaustive, inherent powers D vested with the Courts to do the right and to undo the wrong while administering justice-However, no inflexible rule governing exercise of such power could be laid down-To be exercised
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