Supreme Court - Daily Orders
Surinder Singh vs Baljit Kaur on 7 April, 2014
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 832 OF 2014
(arising out of S.L.P. (Criminal) No.9943 of 2012)
SURINDER SINGH Appellant (s)
VERSUS
BALJIT KAUR & ANR. Respondent(s)
O R D E R
Leave granted.
2. The High Court has considered the matter in
its jurisdiction under Section 482 of the Code of
Criminal Procedure, 1973 (for short, ’Cr.P.C.’) whether
or not the offence is proved against the respondents.
Whereas the High Court’s approach ought to have been
whether there were sufficient grounds for proceeding
against the respondents.
3. It is pertinent to notice that the Magistrate,
after recording the statement of the complainant under
Section 200 Cr.P.C., issued process to the respondents.
4. When that order was challenged before the High
Court under Section 482 Cr.P.C., the High Court should
not have travelled beyond the consideration of the
question whether there was sufficient ground to proceed
against the respondent.
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5. The approach of the High Court is flawed and
cannot be sustained.
6. Consequently, Appeal is allowed. The impugned
order is set aside.
7. The Magistrate shall now proceed with the
case. It is, however, made clear that the respondents
shall be at liberty to request the Magistrate for their
discharge at the time of framing of charge.
.........................J.
( R.M. LODHA )
NEW DELHI; .........................J.
APRIL 7, 2014 ( KURIAN JOSEPH )
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ITEM NO.46 COURT NO.2 SECTION IIB
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).9943/2012
(From the judgement and order dated 13/07/2012 in CRLM
No.31599/2010 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
SURINDER SINGH Petitioner(s)
VERSUS
BALJIT KAUR & ANR. Respondent(s)
(With appln(s) for stay and office report ))
Date: 07/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE KURIAN JOSEPH
For Petitioner(s) Mr. K.G. Bhagat, Adv.
Ms. Divya Shukla, Adv.
Dr. Dinesh Singh, Adv.
Ms. Neha Jain, Adv.
Mr. Vineet Bhagat,Adv.
For Respondent(s) Mr. Hrishikesh Baruah,Adv.
Mr. Gurmohan Singh Bedi, Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
Appeal is allowed in terms of the signed order.
(Rajesh Dham) (Renu Diwan) Court Master Court Master (signed order is placed on the file)