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september 2016

Supreme Court of India · 2016-09-05

Prabhu Chawla vs State Of Rajasthan & Anr

Citation / case number
AIR 2016 SUPREME COURT 4245
Court
Supreme Court of India
Petitioner
Prabhu Chawla
Respondent
State Of Rajasthan & Anr
Author
Shiva Kirti Singh
Bench
Abhay Manohar Sapre, Shiva Kirti Singh, J. Chelameswar

Judgment text excerpt

The Supreme Court held that the availability of an alternative remedy under Section 397 of the Code of Criminal Procedure (Cr.P.C.) does not bar the invocation of inherent powers under Section 482 Cr.P.C. The Court found the Rajasthan High Court's dismissal of the appellants' petitions as contrary to established law, particularly referencing Dhariwal Tobacco Products Ltd. v. State of Maharashtra. The matter was remanded back to the High Court for fresh consideration on merits, emphasizing the importance of inherent jurisdiction in criminal proceedings.

Prabhu Chawla vs State Of Rajasthan & Anr · Niyam