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november 2008

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.

M/S EICHER TRACTORS LTD. vs HARIHAR SINGH · Niyam