AI Overview...
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Overruling Summons via Section 482 CrPC - The courts have clarified that the inherent powers under Section 482 CrPC can be invoked to quash or overrule summons issued in criminal cases, especially when proceedings are initiated without proper jurisdiction or in contravention of legal provisions. The courts emphasize that such powers are meant to prevent abuse of process and ensure justice, but must be exercised cautiously, considering the facts and legal principles. Asharam Bapu VS Aman Singh Dangi - Madhya Pradesh
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Judicial Discretion and Procedure - Courts have held that the procedure followed by Magistrates must align with legal standards, and orders issued can be challenged and overruled if found erroneous, including at interlocutory stages. The principles established in landmark cases like Godfather Travels & Tours (2012) and Mathew (supra) affirm that no specific statutory provision is necessary to recall an erroneously issued process, and inherent powers under Section 482 are applicable for such purposes. Ajay Kumar Bishnoi VS Tap Engineering - Madras, Duraipandi Nadar VS Dhanaraj - Madras, D. P. Mazumdar VS Harminder - Crimes
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Overruling Orders and Interlocutory Decisions - The courts have reiterated that orders such as summoning witnesses or issuing process can be challenged under Section 482 CrPC if they are found to be issued without jurisdiction or contrary to law. The courts have also emphasized that directions from higher courts or overruling previous judgments provide a legal basis to set aside such orders, ensuring procedural correctness. IRIs Computers Ltd. VS Askari Infotech Pvt Ltd. - Crimes, IRIs Computers Ltd. VS Askari Infotech Pvt Ltd. - Dishonour Of Cheque
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Limitations and Proper Use of Section 482 - While Section 482 CrPC grants wide powers to prevent abuse and ensure justice, its exercise must be within the scope of the law. Courts have cautioned against using it to interfere with the merits of a case, emphasizing its role in preventing abuse of process, not substituting the trial. The case of Mathew (supra) underscores that no specific statutory provision is needed to recall or overrule an erroneous order, but the exercise should be justified and within judicial discretion. Lal Chand VS Union Bank of India - Himachal Pradesh, Asharam Bapu VS Aman Singh Dangi - Madhya Pradesh
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Summary and Conclusion - Courts generally recognize the authority under Section 482 CrPC to overrule or quash summons and interlocutory orders if they are issued without proper jurisdiction, in violation of procedural norms, or to prevent abuse of process. The exercise of this power is supported by judicial precedents, provided it aligns with principles of justice and procedural fairness. Proper application of these principles ensures that summoning or process issuance does not become a tool for misuse, and erroneous orders can be effectively challenged and set aside through inherent powers.
Search Results for "Overruling Summons through 482 Crpc Provisions"
2014 0 Supreme(MP) 470 • India - Madhya Pradesh
B.D.RATHI
of CrPC. ... the entire facts of the complaint are considered to be true, even then no case is made out against the accused in the light of provisions ... background of complainant -- criminal -- he not came before Court with clean hands -- no proceedings could be taken in view of provisions ... Ltd. and others (AIR 2014 SC 655), same view was taken into consideration by the bench led by Hon’ble two Judges and held that once the decision is taken and summons are issued in the absence of power of review, remedy lies befor....
2020 0 Supreme(Mad) 967 • India - Madras
G.R.SWAMINATHAN
Cognizance of the offence under Section 138 r/w 141 of Negotiable Instruments Act, 1881 was taken and summons were issued - Systems ... director at all - It was never designed for him - court of course, conscious that these petitions have been filed under Section 482 ... prosecution would constitute an abuse of legal process court therefore decline to invoke inherent powers of this Court under Section 482 ... Godfather Travels & Tours (P) Ltd., (2012) 5 SCC 661, even while overruling the decision in Anil Hada v. ... Now....
• India - Crimes
N.G.CHAUDHURI
204, 227 inter-related- Order of Assistant Sessions judge interlocutory - Provisions of section 482-Would not apply Result - Petition ... Sessions judge to issue summons to the witnesses - Not examined earlier ought to be set aside - Whether the Assistant Sessions judge ... ... (ii) Criminal Procedure Code, 1973 Section 482 - Application by ... The learned Court passed the impugned order overruling objection of the petitioner. 3. ... State of Haryana13, has observed "A harmonious con....
• India - Crimes
H.L.DATTU, RANJAN GOGOI
to respondents on application filed by respondents under Sections 202, 203, 245 of CrPC—Before issuing summons under Section 204 ... filed by appellant was returned by Magistrate on grounds of lack of territorial jurisdiction and also recalled the order issuing summons ... Negotiable Instruments Act—Section 138—Criminal Procedure Code, 1973—Sections 202, 203 and 204—Appeal against judgment and order ... This Court, after overruling the view expressed by this Court in K.M. Mathew case (supra) has stated ....
• India - Dishonour Of Cheque
H.L.DATTU, RANJAN GOGOI
to respondents on application filed by respondents under Sections 202, 203, 245 of CrPC—Before issuing summons under Section 204 ... filed by appellant was returned by Magistrate on grounds of lack of territorial jurisdiction and also recalled the order issuing summons ... Negotiable Instruments Act—Section 138—Criminal ... This Court, after overruling the view expressed by this Court in K.M. Mathew case (supra) has stated as under: ... 14. ... However, we grant liberty to the respondents herein, if th....
2020 0 Supreme(Mad) 2408 • India - Madras
G.R.SWAMINATHAN
and 482 - Defamed - Case of complainant is that respondents have defamed him – Held, In Court opinion observation of this Court ... in case of Mathew (supra) that for recalling an order of issuance of process erroneously, no specific provision of law is required ... interference at inter-locutory stages - Therefore, Court is of opinion, that view of this Court in Mathew's case (supra) that no specific provision ... Summons were issued to the accused and the complainant was examined as P.W.1. Thereafter, the learned trial....
2014 2 Supreme 581 • India - Supreme Court
H.L.DATTU, RANJAN GOGOI
to respondents on application filed by respondents under Sections 202, 203, 245 of CrPC—Before issuing summons under Section 204 ... filed by appellant was returned by Magistrate on grounds of lack of territorial jurisdiction and also recalled the order issuing summons ... Negotiable Instruments Act—Section 138—Criminal ... This Court, after overruling the view expressed by this Court in K.M. Mathew case (supra) has stated as under: ... 14. ... However, we grant liberty to the respondents herein, if t....
2009 0 Supreme(Pat) 676 • India - Patna
ABHIJIT SINHA
The court discussed the orders passed by the Magistrate and the subsequent overruling of the judgments in AIR 1996 S.C. 1619 and ... AIR 1997 SC 1539 - The court discussed the orders passed by the Magistrate, the directions of the Apex Court, and the subsequent overruling ... inability of the Magistrate to review his own order, the implications of the directions of the Apex Court, and the impact of the overruling ... It was also submitted that no revision having been filed, there was no provision in the whole of the #HL_....
2017 0 Supreme(HP) 499 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
Finding of the Court: The court found that the procedure followed by the Magistrate was in line with the provisions ... Ratio Decidendi: The court held that the procedure followed by the Magistrate was in accordance with the provisions of the ... under Section 145, over-ruling the requirement of examination of the complainant on solemn affirmation under Section 200 of the Cr.P.C ... ... This petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. takes exception to the ....
2022 0 Supreme(Kar) 138 • India - Karnataka
M. NAGAPRASANNA
cheques were issued, their presentment, dishonour and failure to pay in spite of notice of dishonor – Court have no hesitation in overruling ... CrPC under impugned judgment - High Court has rightly not interfered in exercise of its jurisdiction under Section 482 CrPC for ... Criminal Procedure Code,1973 - Sections 200, 482, 190, 156(3) , 209 ,460, 176 , 187 , 306 , 458 or section ... In the given circumstances, we have no hesitation in overruling the argument made by....
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