Supreme Court of India · 2000-02-11
Dhananjay Kumar Pandey And Ors. vs State Of Bihar
- Citation / case number
- 2001CRILJ4941
- Court
- Supreme Court of India
- Petitioner
- Dhananjay Kumar Pandey And Ors.
- Respondent
- State Of Bihar
- Author
- U.C. Banerjee
- Bench
- U.C. Banerjee
Judgment text excerpt
The Supreme Court held that the magistrate erred in dismissing the appellants' application for the release of property on the grounds that the accused, Haridwar Pandey, was absconding, as he was actually receiving medical treatment at AIIMS. The Court found that both the magistrate and the High Court failed to exercise their jurisdiction correctly, leading to the quashing of both orders. The Court directed the magistrate to reconsider the application on its merits, emphasizing the need for independent judicial discretion.