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february 2008

Supreme Court of India · 2008-02-21

SOM MITTAL vs GOVT. OF KARNATAKA

Citation / case number
SC 2006/9343
Court
Supreme Court of India
Petitioner
SOM MITTAL
Respondent
GOVT. OF KARNATAKA
Author
K. G. BALAKRISHNAN,R. V. RAVEENDRAN M. PANCHAL
Bench
K. G. BALAKRISHNAN,R. V. RAVEENDRAN,J. M. PANCHAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision to alter the cognizance of the offence against the appellant under Section 30(1) read with Section 25 of the Karnataka Shops & Commercial Establishments Act, 1961. The Court emphasized that the inherent powers under Section 482 of the Code of Criminal Procedure should be exercised sparingly and only in exceptional circumstances to prevent grave miscarriage of justice. The appeal was dismissed without expressing any opinion on the merits of the case, allowing the Magistrate to decide on the maintainability of the complaint during the charge framing stage.

SOM MITTAL vs GOVT. OF KARNATAKA · Niyam