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october 1977

Supreme Court of India · 1977-10-31

MADHU LIMAYE vs THE STATE OF MAHARASHTRA

Citation / case number
SC 1977/61647
Court
Supreme Court of India
Petitioner
MADHU LIMAYE
Respondent
THE STATE OF MAHARASHTRA
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that Section 397(2) of the Code of Criminal Procedure limits the revisional powers of the High Court only concerning interlocutory orders, and does not affect the inherent powers under Section 482. The Court clarified that while the inherent power can be invoked to prevent abuse of process or secure justice, it should be exercised sparingly. The appeal was allowed, and the High Court's dismissal of the revision application was set aside, allowing the appellant to challenge the proceedings against him.

MADHU LIMAYE vs THE STATE OF MAHARASHTRA · Niyam