Supreme Court · 2004 INSC 45 · Decided 20 January 2004
State of West Bengal and ORS. v. Sujit Kumar Rana
- Court
- Supreme Court of India
- Citation
- 2004 INSC 45 · [2004] 1 S.C.R. 870
- Case number
- CRIMINAL APPEAL No. 453/1997
- Decided
- 20 January 2004
- Bench
- DORAISWAMY RAJU, S.B. SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Constitution Article 48A, 51
Headnote
Criminal Procedure Code, 1973: Section 482. Exercise of power under-Jurisdiction of Criminal Court barred under C S. 59G of the Forest Act, 1927-However, High Court, exercising jurisdiction under S. 482, in a confiscation proceeding under the Act, ordered interim release of the vehicle-Correctness criminal court stood excluded­ Hence, High Court exceeded its jurisdiction under S. 482-However, High D Court could exercise such a power only in exercise of its power of judicial review. Exercise of power under-Held: High Court could exercise power under S. 482 in relation to a molter pending
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