Supreme Court · 1995 INSC 818 · Decided 30 November 1995
State of Maharashtra v. Ishwar Piraji Kalpatri and ORS.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 818 · [1995] SUPP. 5 S.C.R. 812
- Case number
- CRIMINAL APPEAL No. 331/1993
- Decided
- 30 November 1995
- Bench
- M.K. MUKHERJEE, B.N. KIRPAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Constitution Article 227, 136, 482; Prevention of Corruption Act Section 5(1)(e)
Headnote
Constitution of India, Article 227 r/w C<:de of Criminal Procedure, 1973 S.482-High Court quashing criminal proceedings after lodging of F.I.R., granting of sanction and filing of charge sheet-Held, there was no justification C for the High Cowt to have stopped nonnal procedure of trial. D leading to filing of FIR-Held, it is not obligatory to give the person against whom report is to be lodged, an opportunity of being heard-Natural justice. Code of Criminal Procedure 197~S.482-Quashing of criminal proceedings on ground of malafides-Held, malafides may be relevant while examining
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