Search Results Page

Search Results

1 - 10 of 17 (0.28 seconds)
Page No.# 1/ vs Smt. Jyoti Deka on 26 July, 2022 cites

Pramod Suryabhan Pawar vs The State Of Maharashtra on 21 August, 2019

24. It is no longer res integra that the provisions of section 482 Cr.P.C. is an overriding section which saves the inherent powers of the court to advance the cause of justice. Under Section 482 Cr.P.C., the inherent jurisdiction of the court can be exercised (i) to give effect to an order under the Cr.P.C.; (ii) to prevent the abuse of the process of the court; and (iii) to otherwise secure the ends of justice. The powers of the court under Section 482 are wide and the court is vested with a significant amount of discretion to decide whether or not to exercise them. The court should be guarded in the use of its extraordinary jurisdiction to quash an FIR or criminal proceeding as it denies the prosecution Page No.# 9/10 the opportunity to establish its case through investigation and evidence. If one needs any authority on the point, it may be stated that these principles have been consistently followed and reiterated by this Court as well as the Supreme Court of India and the following cases may be referred to, viz., (i) State of Haryana Vs. Bhajan Lal, 1992 Supp (1) SCC 335; (ii) Inder Mohan Goswami v. State of Uttaranchal, (2007) 12 SCC 1; (iii) Pramod Suryabhan Pawar Vs. State of Maharashtra, (2019) 9 SCC 608; (iv) Birla Corpn. Ltd. Vs. Adventz Investment & Holdings Ltd., (2019) 16 SCC 610 . The Court has refrained from quoting the relevant observations of the Supreme Court of India for the purpose of brevity and to avoid reiterating the often quoted paragraphs of the aforesaid cases by Supreme Court of India and various High Courts in the Country.
Supreme Court of India Cites 21 - Cited by 448 - D Y Chandrachud - Full Document
1   2 Next