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october 2001

Supreme Court of India · 2001-10-17

Kamaladevi Agarwal vs State Of West Bengal And Ors.

Citation / case number
AIR 2001 SUPREME COURT 3846
Court
Supreme Court of India
Petitioner
Kamaladevi Agarwal
Respondent
State Of West Bengal And Ors.
Bench
M.B. Shah, R.P. Sethi

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the appellant's complaint under Section 465, 468, 471, and 120B of the Indian Penal Code was erroneous, as it ignored established legal principles regarding the issuance of process by a Magistrate. The Court emphasized that the High Court should not have exercised its powers under Section 482 of the Code of Criminal Procedure to dismiss the complaint without proper examination of the evidence. The Court directed the Magistrate to proceed with the complaint in accordance with law, thereby reinstating the appellant's right to pursue her case.

Kamaladevi Agarwal vs State Of West Bengal And Ors. · Niyam