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april 2001

Supreme Court of India · 2001-04-25

State Of Kerala vs M. M. Manikantan Nair

Citation / case number
AIR 2001 SUPREME COURT 2145
Court
Supreme Court of India
Petitioner
State Of Kerala
Respondent
M. M. Manikantan Nair
Bench
K.T. Thomas, R.P. Sethi, S.N. Variava

Judgment text excerpt

The Supreme Court held that the High Court's order quashing criminal proceedings against the respondent for lack of proper sanction under Section 122 of the Kerala Panchayat Act was invalid. The Court emphasized that the High Court cannot review its own judgments as per Section 362 of the Criminal Procedure Code, which prohibits altering or reviewing signed judgments except for clerical errors. Consequently, the Supreme Court set aside the High Court's impugned order and reinstated the earlier order dismissing the quashing petition, affirming the necessity of proper sanction for prosecution under the relevant statutes.

State Of Kerala vs M. M. Manikantan Nair · Niyam