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september 2008

Supreme Court of India · 2008-09-16

LAKHWANT SINGH vs JASBIR SINGH .

Citation / case number
SC 2002/17949
Court
Supreme Court of India
Petitioner
LAKHWANT SINGH
Respondent
JASBIR SINGH .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,G.S. SINGHVI, , ,

Judgment text excerpt

The Supreme Court examined the application under Section 482 of the Code of Criminal Procedure, 1973, which allows for quashing of FIRs in certain circumstances. The Court held that the High Court's decision to quash the FIR for theft was premature, as the matter should be addressed through objections in the appropriate court regarding the execution of the warrant of possession. The judgment emphasized that inherent powers under Section 482 should be exercised sparingly and only to prevent abuse of process or secure justice, reaffirming the necessity of a thorough examination of facts before quashing criminal proceedings.

LAKHWANT SINGH vs JASBIR SINGH . · Niyam