cites: 122274250

Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]

Union of India - Section Cites 0 - Cited by 644872

The Code of Criminal Procedure, 1973

Union of India - Act Cites 0 - Cited by 423370

Section 155 in The Indian Penal Code, 1860 [Entire Act]

Union of India - Section Cites 0 - Cited by 2719

Section 34 in The Indian Penal Code, 1860 [Entire Act]

Union of India - Section Cites 0 - Cited by 748445

Sudhir Mandal vs State Of Punjab on 11 July, 2022

In Sudo Mandal's case, the Hon'ble Division Bench was examining the judgment of conviction delivered by the trial Court against the two appellants, who were in appeal. After considering the evidence, this Court proceeded to hold that the prosecution had failed to establish the charges and, 4 of 9 ::: Downloaded on - 17-09-2023 21:30:20 ::: Neutral Citation No:=2023:PHHC:113447 CRM-M-4122-2018 #5# 2023:PHHC:113447 therefore, reversed the conviction and ordered acquittal of convicts. At the same time, this Court proceeded to quash the FIR in respect of three proclaimed offenders, who had neither filed any petition nor made any prayer for quashing of the FIR, but the Court suo motu exercised the inherent powers under Section 482 Cr.P.C. without even referring any case law on the subject. Therefore, with respect, but without hesitation, it is observed that the judgment in Sudo Mandal's case, apparently is deviation from other consistent law, on exercise of powers under Section 482 Cr.P.C. laid down by Hon'ble Supreme Court, and, therefore, the same cannot be treated as a precedent. Similarly, the other two judgments relied upon by learned counsel for the petitioner are of no help. Time and again, this Court as well the Hon'ble Supreme Court have laid down that the inherent powers under Section 482 Cr.P.C. should be exercised with care and circumspection considering the facts and circumstances of the case.

Punjab-Haryana High Court Cites 5 - Cited by 13 - J S Puri - Full Document