Supreme Court of India

Dineshbhai Chandubhai Patel v. State of Gujarat & Ors.

Neutral citation

Bench R.K. Agrawal and Abhay Manohar Sapre JJ.

Decided 5 January 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the considered view that the complaint and FIR, do disclose a prima facie commission of various cognizable offences alleged by the complainants against the accused persons and, therefore, the High Court instead of dismissing the application filed by the accused persons in part should have dismissed the application as a whole to uphold the entire FIR in question.

Judgment, page 10

From the headnote

Code of Criminal Procedure, 1973: s.482 – Scope of – Held: Inherent powers of High Court, cannot be stretched to any extent – Such powers cannot be equated with the appellate powers of High Court. s.482 – Application under – Seeking quashing of FIR (which was registered pursuant to three complaints) – High Court quashed the FIR to the extent of offences u/ss.406, 420 and 120B of IPC and u/ss.3, 7 and 11 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – However, it did not quash the FIR in respect of the allegations of creating two bogus powers of attorneys…

Authorities it was built on

2011 Harshendra Kumar D. v. Rebatilata Koley Etc. cited by 9
1982 State of West Bengal & Ors. v. Swapan Kumar Guha & Ors. cited by 6

Where later benches applied it

2021 Kaptan Singh v. The State of Uttar Pradesh and Others relied on
2023 Sri Gulam Mustafa v. The State of Karnataka & Anr. referred to
2018 Mallikarjun Kodagali (dead) Represented through Legal Representatives v. The State of Karnataka & Ors. mentioned

Of those, 1 relied on · 1 referred to · 1 mentioned

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