A.K.PATNAIK, SWATANTER KUMAR
AMIT KAPOOR – Appellant
Versus
RAMESH CHANDER – Respondent
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
State of West Bengal & Ors. v. Swapan Kumar Guha & Ors. [(1982) 1 SCC 561].
State of Bihar v. Ramesh Singh (1977) 4 SCC 39.
Indian Oil Corporation v. NEPC India Ltd. & Ors. [(2006) 6 SCC 736].
M.N. Damani v. S.K Sinha & Ors. [AIR 2001 SC 2037].
Chitresb Kumar Chopra v. State (Government of NCT of Delhi) [(2009) 16 SCC 605].
Janata Dal v. H.S. Chowdhary & Ors. [(1992) 4 SCC 305].
State of Bihar & Anr. v. Shri P.P. Sharma & Anr. [AIR 1991 SC 1260].
State of Maharashtra v. Som Nath Thapa & Ors. [(1996) 4 SCC 659].
Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618].
Raj Kapoor & Ors. v. State of Punjab & Ors. [AIR 1980 SC 258: (1980) 1 SCC 43].
Dinesh Datt Joshi v. State of Rajasthan & Anr. [(2001) 8 SCC 570].
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