Supreme Court of India · 2006-04-12
MINU KUMARI vs STATE OF BIHAR .
- Citation / case number
- SC 2003/21117
- Court
- Supreme Court of India
- Petitioner
- MINU KUMARI
- Respondent
- STATE OF BIHAR .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the petition under Section 482 of the Code of Criminal Procedure, 1973, regarding the recall of an order by the Chief Judicial Magistrate. The Court clarified that while the CJM may not have inherent power to review his order under Section 362, the High Court should have considered exercising its powers under Section 482 to prevent abuse of process. The appeal was allowed, and the matter was remanded for reconsideration.