Supreme Court - Daily Orders
Dr. Sumita Prabhakar vs The State Of Uttarakhand Home ... on 25 August, 2017
Bench: Abhay Manohar Sapre, A.M. Khanwilkar
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1550 OF 2017
(@ S.L.P. (Crl.) No.8450 of 2013)
DR. SUMITA PRABHAKAR APPELLANT(S)
VERSUS
THE STATE OF UTTARAKHAND
HOME DEPARTMENT & ANR. RESPONDENT(S)
O R D E R
Leave granted.
Both the learned counsel for the parties have fairly admitted and conceded the legal proposition of law laid down by this Court reported in Om Kumar Dhankar vs. State of Haryana & Anr. [(2012) 11 SCC 252] in para 10 that the Revision Petition under Section 397 CrPC is maintainable against the order of Magistrate directing issuance of summons.
In our view, therefore, the High Court should not have allowed the Revision Petition filed by the complainant on the ground that the Revision was not maintainable before the Sessions Judge, against the order Signature Not Verified Digitally signed by ASHOK RAJ SINGH Date: 2017.09.01 16:58:44 IST Reason: of Magistrate and instead should have decided the Revision on merits with a view to decide the legality and correctness of the order impugned in the Revision. 2 We, therefore, allow this appeal; set aside the impugned order and remand the case to the High Court for deciding the Revision on merits in accordance with law.
.....................J. (ABHAY MANOHAR SAPRE) .....................J. (A.M.KHANWILKAR) NEW DELHI, AUGUST 25, 2017.
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ITEM NO.24 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).8450/2013 (Arising out of impugned final judgment and order dated 01-07-2013 in CRLR No.58/2007 passed by the High Court of Uttarakhand at Nainital) DR. SUMITA PRABHAKAR Petitioner(s) VERSUS THE STATE OF UTTARAKHAND HOME DEPARTMENT & ANR. Respondent(s) Date : 25-08-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE A.M. KHANWILKAR For Petitioner(s) Mr.Vijay K. Jain, AOR For Respondent(s) Mr.Mohan Das K.K., Adv. Mr.Rajesh Kumar, Adv. Mr.R. Sathish, AOR Mr.Rajiv Nanda, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(Ashok Raj Singh) (Uma Malhotra)
Court Master Court Master
(Signed Order is placed in the file)