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march 2012

Supreme Court of India · 2012-03-19

STATE OF ORISSA vs UJJAL KUMAR BURDHAN

Citation / case number
SC 2008/16711
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
UJJAL KUMAR BURDHAN
Author
D.K. JAIN
Bench
ANIL R. DAVE D.K. JAIN

Judgment text excerpt

The Supreme Court held that the High Court's interference with a preliminary inquiry under Section 482 of the Code of Criminal Procedure is unjustified, especially before the registration of an FIR. The Court emphasized that inherent powers should be exercised sparingly and only in cases of gross abuse of power. The appeal was allowed, reinstating the inquiry into allegations of fabrication and forgery against the respondent, as the High Court's quashing of the investigation was deemed a serious illegality.

STATE OF ORISSA vs UJJAL KUMAR BURDHAN · Niyam