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september 2012

Supreme Court of India · 2012-09-13

Amit Kapoor vs Ramesh Chander & Anr

Citation / case number
AIRONLINE 2012 SC 668
Court
Supreme Court of India
Petitioner
Amit Kapoor
Respondent
Ramesh Chander & Anr
Author
Swatanter Kumar
Bench
Swatanter Kumar, A.K. Patnaik

Judgment text excerpt

The Supreme Court examined the powers of the High Court under Section 397 and Section 482 of the Code of Criminal Procedure, 1973, in the context of a case involving allegations of fraud and coercion leading to suicide. The Court held that the High Court has the authority to intervene in criminal proceedings to prevent abuse of process and to ensure justice, particularly when the facts indicate a clear case of wrongful acts by the accused. The appeal was allowed, and the High Court's order was set aside, reinstating the FIR against the accused.

Amit Kapoor vs Ramesh Chander & Anr · Niyam