Supreme Court of India · 1967-12-15
MOHAN LAL MAGAN LAL THACKER vs STATE OF GUJARAT
- Citation / case number
- SC 1965/148
- Court
- Supreme Court of India
- Petitioner
- MOHAN LAL MAGAN LAL THACKER
- Respondent
- STATE OF GUJARAT
- Author
- WANCHOO, K.N. (),BACHAWAT, R.S.,SHELATM.,MITTER, G.K.,VAIDYIALINGAM, C.A.
- Bench
- WANCHOO, K.N. (CJ),BACHAWAT, R.S.,SHELAT, J.M.,MITTER, G.K.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court ruled that the High Court's order dismissing a revision petition against a Magistrate's order under Section 476 of the Criminal Procedure Code is a final order for the purposes of Article 134(1)(c) of the Constitution. The Court clarified that a judgment can be final for one purpose and interlocutory for another, emphasizing that the finality of the order is determined by whether it resolves the principal matter in question. The Court held that the High Court's order was final as it disposed of the controversy regarding the justification of the complaint against the appellant, despite the ongoing question of the appellant's guilt.