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april 2009

Supreme Court of India · 2009-04-27

Sanjeet Kumar vs State Of Bihar & Anr

Court
Supreme Court of India
Petitioner
Sanjeet Kumar
Respondent
State Of Bihar & Anr
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the High Court's order allowing a petition under Section 482 of the Code of Criminal Procedure, 1973 was improper as it considered the merits of the defense, which is beyond the scope of such applications. The Court emphasized that inherent powers under Section 482 can only be exercised to prevent abuse of process or to secure the ends of justice, as outlined in the case of State of Haryana v. Bhajan Lal. The appeal was allowed, and the High Court's decision was set aside, reinstating the trial court's order rejecting the discharge application under Section 245.

Sanjeet Kumar vs State Of Bihar & Anr · Niyam