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.