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january 1996

Supreme Court of India · 1996-01-18

STATE OF BIHAR vs RAJENDRA AGARWALLA

Citation / case number
SC 1992/84547
Court
Supreme Court of India
Petitioner
STATE OF BIHAR
Respondent
RAJENDRA AGARWALLA
Author
G.B. PATTANAIK
Bench
G.B. PATTANAIK

Judgment text excerpt

The Supreme Court held that the Patna High Court exceeded its jurisdiction under Section 482 of the Code of Criminal Procedure by quashing the cognizance taken against the respondent under Section 414 IPC. The Court emphasized that the High Court should not have assessed the evidence as a court of appeal, as the power under Section 482 should be exercised sparingly to prevent abuse of process. Consequently, the Supreme Court set aside the High Court's order, reinstating the cognizance against the respondent.

STATE OF BIHAR vs RAJENDRA AGARWALLA · Niyam