Supreme Court · 2002 INSC 351 · Decided 26 August 2002
State Through Cbi v. DR. Narayan Warman Nerukar and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 351 · [2002] SUPP. 1 S.C.R. 676
- Case number
- CRIMINAL APPEAL No. 858/2002
- Decided
- 26 August 2002
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 482, 309, 311, 258; Constitution Article 309, 311, 258
Headnote
c Criminal Procedure Code, 1973: Section 482: Quashing of Criminal proceedings on the ground of delay in proceedings -Justification of-Held, quashing of proceedings without considering whether the prolongation was on account of delaying tactics adopted by accused, number of witnesses, volume of would not be justified-Sections 309, 311 and 258-Constitution of India, 195~Article 21. Practice and procedure: Applicability of a particular provision-Determination of by High court­ Held, normally this aspect is left to be decided by trial court-High Court can E come to
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