Supreme Court of India · 2009-05-05
Dharmeshbhai Vasudevbhai And Ors vs State Of Gujarat And Ors
- Citation / case number
- AIR 2009 SC (SUPP) 1446
- Court
- Supreme Court of India
- Petitioner
- Dharmeshbhai Vasudevbhai And Ors
- Respondent
- State Of Gujarat And Ors
- Author
- S.B. Sinha
- Bench
- Cyriac Joseph, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the jurisdiction of a Magistrate under Section 156(3) of the Cr.P.C. regarding the withdrawal of a complaint after an investigation order had been issued. The Court held that the Magistrate has the authority to recall such orders if a compromise is reached between the parties, provided there is no mala fide exercise of power. The High Court's refusal to interfere with the Magistrate's order was upheld, affirming that depositors of the bank lacked locus standi in the criminal proceedings initiated by the bank against the accused.