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2012 Supreme(UK) 432

A.K.PATNAIK, SWATANTER KUMAR
AMIT KAPOOR – Appellant
Versus
RAMESH CHANDER – Respondent


For the Appellant :Mr. S.K. Dhingra, Mr. M.L. Khattar, Mrs. Shefali Mitra, Advocates
For the Respondents:Mr. P.P. Malhotra, ASG, Mr. Shailendra Sharma, Mrs. Anil Katiyar, Mr. Seeraj Baga, Mr. Rajinder Mathur, Advocates

JUDGMENT

Swatanter Kumar, J. — Leave granted.

2. A question of law that arises more often than not in criminal cases is that of the extent and scope of the powers exercisable by the High Court under Section 397 independently or read with Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’).

3. The facts as they emerge from the record fall within a very narrow compass. On 4th December, 2007, the Rajouri Garden Police Station received information that a woman had committed suicide at C-224, Tagore Garden Extension, Delhi. Upon making entry under DD No.l6A of that date, Sub Inspector O.P. Mandal commenced investigation and reached the place of occurrence. The deceased was identified as Komal Kapoor. Her body was sent for post mortem. The Investigating Officer recorded the statement of her son Amit Kapoor and on 5.12.2007 at about 12.15 p.m. an FIR was registered on the complaint filed by him. This FIR was registered against Ramesh Chander Sibbal (the accused) and another, on the basis of the statement of Amit Kapoor and the suicide note. According to Amit Kapoor, he knew Ramesh Chander Sibbal for the last 10 years. Father of Amit Kapoor was running a paint




























































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