SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1998 Supreme(All) 296

J.C.MISHRA
DALBIR – Appellant
Versus
S H O R S BHOGPUR DISTT GHAZIABAD – Respondent


Advocates Appeared:
AMIT KUMAR,

J. C. MISRA, J.

This petition under Section 482, Cr. P. C has been filed for quashing the first information report dated 31- 12-97 lodged at police station Bhojpur, district Ghaziabad having case crime No. 185/1997 under Sections 177, 407,408,420 and 468, I. P. C. on the ground that the F. I. R. does not disclose any of fence and the controversy is purely of a civil nature.

2. The learned A. G. A. raised prelimi nary plea that since charge- sheet has not been submitted the petition is not main tainable in view of the pronouncement of the Division Bench of this Court in A. S. Bindra v. Senior Superintendent of Police & Ors. , Civil Misc. Writ Petition No. 1342 of 1997 decided on 16-12-97. The Division Bench held that the law Laid down in Full Bench decision of this Court in Ram Lal Yadava v. State of U. P. , 1989 Cr. LJ. 1013: 1989 JIC (All) (FB), still holds good and no contrary view was taken by the Supreme Court.

3. The learned Counsel for the ap plicants contended that Supreme Court has held that the inherent powers of High Court can be invoked even before submis sion of the report under Section 173, Cr. P. C. and since any law, Laid down by the Supreme Court is law of the land i









































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top