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1 - 10 of 11 (0.32 seconds)The Code of Criminal Procedure, 1973
Reshma Bano vs State Of Uttar Pradesh & Ors on 3 March, 2008
07. The Apex Court also held that power is to be exercised cautiously,
carefully and sparingly and the Court has not to function as a Court of appeal or
revision. It has also laid down the parameters and guidelines in cases titled as
"K.L.E Society & Ors v. Siddalingesh" reported in "2008 AIR SCW 1993"; "A.P Vs
Bojjoori Kanthaiah", reported as "2008 AIR SCW 7860" and "Reshma Bano Vs
State of Uttar Pradesh" reported in "2008 AIR SCW 1998".
Som Mittal vs Govt. Of Karnataka on 29 January, 2008
09. The Apex Court in AIR 2004 SC 3967, AIR 1972 SC 484, AIR 1974 SC
1446, AIR 1977 SC 2229 and AIR 1989 SC 01, has laid down the same
principle. It is apt to reproduce Paragraph Nos.10, 13, 14, 15, 17 & 19 out of the
judgment titled "Som Mittal Vs Govt. of Karnataka" reported in "2008 AIR SCW
1003" herein:
State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
In State of Bihar v. J.A.C Saldanha (1980) 1 SCC 554 this
Court pointed out at SCC P. 574:
K.L.E Society And Ors vs Siddalingesh on 3 March, 2008
07. The Apex Court also held that power is to be exercised cautiously,
carefully and sparingly and the Court has not to function as a Court of appeal or
revision. It has also laid down the parameters and guidelines in cases titled as
"K.L.E Society & Ors v. Siddalingesh" reported in "2008 AIR SCW 1993"; "A.P Vs
Bojjoori Kanthaiah", reported as "2008 AIR SCW 7860" and "Reshma Bano Vs
State of Uttar Pradesh" reported in "2008 AIR SCW 1998".
State Of Bihar vs Murad Ali Khan, Farukh Salauddin & ... on 10 October, 1988
In State of Bihar vs Murad Ali Khan (1988) 4 SCC 655 this
Court held that the jurisdiction under Section 482 of the Code has to be
exercised sparingly and with circumspection and has given the working
that in exercising that jurisdiction, the High Court should not embark
upon an enquiry whether the allegations in the complaint are likely to be
established by evidence or not.
R. P. Kapur vs The State Of Punjab on 25 March, 1960
11. Furthermore, the Apex Court, in case titled "R.P Kapur v. State of
Punjab" reported in "AIR 1960 SC 866" and case titled "State of Andhra
Pradesh v. Golconda Linga Swamy" reported in "AIR 2004 SC 3967", has
laid down the same principle. It is apt to reproduce ParagraphNo. 8 of the
judgment reported in "AIR 2004 SC 3967" herein:
State Of Andhra Pradesh vs Golconda Linga Swamy And Anr on 27 July, 2004
11. Furthermore, the Apex Court, in case titled "R.P Kapur v. State of
Punjab" reported in "AIR 1960 SC 866" and case titled "State of Andhra
Pradesh v. Golconda Linga Swamy" reported in "AIR 2004 SC 3967", has
laid down the same principle. It is apt to reproduce ParagraphNo. 8 of the
judgment reported in "AIR 2004 SC 3967" herein:
Jehan Singh vs Delhi Administration on 27 March, 1974
In Jehan Singh vs Delhi Administration (1974) 4 SCC 522 the
application filed by the accused under section 561-A of the old Code for
quashing the investigation was dismissed as being premature and
incompetent on the finding that prima facie the allegations in the FIR if
assumed to be correct, constitute a cognizable offence.