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november 2008

Supreme Court of India · 2008-11-07

M/S Eicher Tractors Ltd.& Ors vs Harihar Singh & Anr

Citation / case number
AIRONLINE 2008 SC 73
Court
Supreme Court of India
Petitioner
M/S Eicher Tractors Ltd.& Ors
Respondent
Harihar Singh & Anr
Author
Arijit Pasayat
Bench
C.K. Thakker, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the issuance of summons for offences under Sections 420, 468, and 471 of the Indian Penal Code, 1860. The Court found that the High Court correctly noted the lack of service of summons prior to the issuance of bailable and non-bailable warrants, which constituted an abuse of the process of law. The Court directed that proceedings under Section 82 of the Code be stayed until the appellants appeared before the concerned court, thereby allowing the continuation of proceedings thereafter.

M/S Eicher Tractors Ltd.& Ors vs Harihar Singh & Anr · Niyam