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2016 Supreme(Kar) 76

MOHAN M.SHANTANAGOUDAR, K.N.PHANEENDRA
ANJULA DIVEDI – Appellant
Versus
STATE REPRESENTED BY SUBINSPECTOR OF POLICE – Respondent


Advocates Appeared:
BY SRI.K.KASTURI, SR.COUNSEL FOR SRI.PRADEEP KUMAR.J., ADVOCATE
BY SRI.P.M.NAWAZ, SPPI

ORDER :

We would like to begin this order by saying that “A repeated and saner thought will always throw more light even on the same subject”. More often in criminal cases a question that arose for consideration of the Courts, has been that, the object, scope and purpose of section 482 of Cr.P.C. and power of the Court to exercise the provision, in spite of availability of alternate remedy in general and under section 397 of Cr.P.C. in particular. In the present case, we are called upon to answer the same question.

2. Before adverting to the factual matrix of this case, we feel it appropriate to remind ourselves, certain recognized principles of interpretation of statutes.

3. In interpreting any statute or a provision in a statute, one should bear in the mind that statute is an authentic document containing, the intention and expression of the will of the legislature. The Court always bound to make its entire endeavor to bring out that real intention. Every provision of a statute should be construed with reference to its object, purpose, and how it is coached with other provisions of the same statute. Courts should also in its wisdom interpret the law to make the same more effective





































































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