Supreme Court · 2005 INSC 596 · Decided 7 December 2005

State of Orissa and ANR. v. Saroj Kumar Sahoo

Court
Supreme Court of India
Citation
2005 INSC 596 · [2005] SUPP. 5 S.C.R. 548
Case number
CRIMINAL APPEAL No. 920/2003
Decided
7 December 2005
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; Constitution

Headnote

Code of Criminal Procedure, 1973: Section 482-lnherent powers of High Court-Single Judge of High C Court quashed FIR in a case against accused during investigation holding that ingredients of the offences alleged were not in existence-Correctness of-Held: Exercise of the power under S. 482 is the jurisdiction may be exercised, namely, (i) to give affect to an order under the Cr.P.C., (ii) D to prevent abuse of the process of court and (iii) to otherwise secure the ends of justice-S. 482 is not an instrument handed over to an accused to short­ circuit a prosecution and bring about its

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