Advocates:
S. K. DHINGRAANIL KATIYAR

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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL

APPEAL

NO.

1407

OF

2012

(Arising out of SLP (Crl.) No.1516 of 2010)

Amit Kapoor

... Appellant

Versus

Ramesh Chander & Anr.

... Respondents

J U D G M

E N T

Swatanter

Kumar,

J .

1.

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 4^th December, 2007, the Rajouri Garden

Police Station received information that a woman had committed

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JUDGMENT

suicide at C-224, Tagore Garden Extension, Delhi. Upon making

entry under DD No.16A 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.