Supreme Court of India · 2008-11-07
M/S EICHER TRACTORS LTD. vs HARIHAR SINGH
- Citation / case number
- SC 2007/4380
- Court
- Supreme Court of India
- Petitioner
- M/S EICHER TRACTORS LTD.
- Respondent
- HARIHAR SINGH
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,C.K. THAKKER, , ,
Judgment text excerpt
The Supreme Court upheld the dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973, challenging the cognizance taken by the magistrate 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 before issuing warrants, thus preventing abuse of the court process. The Court directed that proceedings would continue upon the appellants' appearance, affirming the High Court's order to stay the proceedings initiated under Section 82 of the Code.