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1 - 8 of 8 (0.77 seconds)Article 14 in Constitution of India [Constitution]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 230 in The Companies Act, 1956 [Entire Act]
The Code of Civil Procedure, 1908
A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors on 7 March, 2007
3. Confronted with the above, the Ld. ASG had referred to A.V Papayya Sastry
and others Vs Govt of AP and others (2007) 4 Supreme Court Cases 221 wherein
the Hon'ble Supreme Court has held as under:-
Article 141 in Constitution of India [Constitution]
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
44. It is noted that, the competent authority under
MPID Act and EOW supported the scheme, though
they had reservations on compliance with Order dated
13th October 2022 of MPID Court has upheld vide Order
dated 15th March 2023 by Hon'ble Bombay High Court
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and Order dated 10th April 2023 passed by Hon'ble
Supreme Court as well as discharge of specified persons
from criminal action. As regards discharge of specified
persons from criminal action, we have already noted in
the preceding para that the approval of proposed scheme
does not result into automatic discharge or release of
specified persons from the criminal actions, which may
lie against them, and such discharge or release is
dependent on the Order(s), the courts or authorities may
pass on an application to be filed in accordance with the
Scheme. Accordingly, it is for the courts or relevant
authorities, where such criminal proceedings against
specified persons are pending, to examine whether the
specified persons, including the petitioner and 63 moons
can be relieved of criminal consequences arising from the
events that led to payment default. It is relevant to note
the decisions in case of K. Bharthi Devi & Anr. v. State of
Telangana & Anr., SLP (Criminal) No. 4353 of 2018; Gian
Singh v. State of Punjab & Anr., (2012) 10 SCC 303)
wherein the Hon'ble Supreme Court held that the High
Courts in exercise of their power under Section 482 of
Cr.PC can compound or quash the non-compoundable
offences to prevent abuse of the process of any court or
otherwise to secure the ends of justice. Accordingly, such
stipulation in the scheme cannot said to be against public
policy or illegal.
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