Supreme Court of India · 2009-02-10
SHAKUNTALA DEVI vs CHAMRU MAHTO
- Citation / case number
- SC 2007/5899
- Court
- Supreme Court of India
- Petitioner
- SHAKUNTALA DEVI
- Respondent
- CHAMRU MAHTO
- Author
- ALTAMAS KABIR
- Bench
- ALTAMAS KABIR,CYRIAC JOSEPH, , ,
Judgment text excerpt
The Supreme Court held that the Patna High Court erred in quashing the orders of the Sub-Divisional Magistrate and the Additional Sessions Judge regarding the restoration of possession under Section 145 of the Code of Criminal Procedure, 1973. The Court emphasized that the High Court's jurisdiction to entertain a second revision application was barred under Section 397(3) of the Code, and thus, the orders of the lower courts were upheld. The appeal was allowed, restoring the possession order in favor of the appellants.