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april 2006

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.

MINU KUMARI vs STATE OF BIHAR . · Niyam