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1 - 10 of 11 (0.18 seconds)Article 136 in Constitution of India [Constitution]
Section 173 in The Indian Penal Code, 1860 [Entire Act]
Section 225 in The Indian Penal Code, 1860 [Entire Act]
Section 301 in The Indian Penal Code, 1860 [Entire Act]
M/S Jk International vs State, Govt Of Nct Of Delhi And Others on 23 February, 2001
8 The High Court has proceeded to make adverse observations in regard to the
conduct of the appellant. Those observations form the basis of the order for
transfer of the investigation. Moreover, the appellant has a reasonable and
legitimate apprehension that the observations made by the High Court
(without hearing her) will impinge upon the proceedings arising out of the
FIR. The appellant, who is the original complainant, at whose behest the FIR
was registered, was not a party to the proceedings before the High Court and
had no opportunity to controvert the submissions which were made against
her or to answer the allegations. The High Court has acted in breach of the
principles of natural justice and in a manner which is contrary to the settled
principles of law, particularly, those enunciated in the decision in J.K.
International (supra). We, therefore, order and direct that the observations
contained in the first two sentences of paragraph 10 and in paragraph 11 of
the judgment of the High Court against the appellant shall stand expunged
and shall not be utilized in any other court or proceeding.
9 Insofar as the transfer of the investigation to the DIU is concerned, a copy of
the final report under Section 173 has been filed, together with the counter
affidavit of the second respondent. The final report, insofar as is material
states as follows: