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.