Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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ILC-2011-SC-CRL-May-9

Dharmatma Singh Vs. Harminder Singh & others

Head Note

The Code of Criminal Procedure, 1973  - Section 482 , Section 173 , Indian Penal Code,1860  - Section 452 , Section 323 , Section 326 , Section 506 , Section 34 , Section 342 , Section 324 , Section 146

Quashing of criminal proceedings while exercising powers under - In challenge - Section 173 - Police reports filed under - IPC, 1860 - Sections 452, 323, 326, 506 r/w section 34, sections 342, 324, 146 - Offences under - Police submitted two challans, before court one against the appellant & others and the other challan against the respondent Nos.1 and 2 and some others - A further report made by the Superintendent of Police stating that respondent no.1 for his self-defence had caused injuries to the appellant and others and hence the cross-case against the respondent no.1 is required to be cancelled - Respondents filed application for quashing the challans filed against them - High Court quashed the criminal proceedings against the respondents - Directed that the criminal proceedings against the appellant at the behest of the respondent No.1 shall not be affected - Appeal - Learned Magistrate had not applied his mind to the merits of the reports filed under Section 173, Cr.P.C. - Exercise of power by the High Court under Section 482, Cr.P.C., was at an interlocutory stage and was not warranted - Impugned order of the High Court set aside - Appeal allowed.

Advocates For the Respondent(s) :

Sunil Bhatt, S.S. Ray, Ms. Rakhi Ray, Anil Grover, Ms. Noopur Singhal and Kuldip Singh, Advocates

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Topic(s)-Quashing of criminal proceedings







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