LawCite Search | LawCite Markup Tool | Help | Feedback Law Cite

Sri Naba Kumar Banerjee v West Bengal & Anr - CRR    

Legislation Cited

Cases and Articles Cited

Case Name	Citation(s)	Court	Jurisdiction	Date	Full Text		Citation Index †
High "Court to dismiss an application under Section 482 of the CrPC only on the ground that an earlier revisional application before the Sessions Court under Section 397 of the CrPC was dismissed It was observed that High Court's power under Section 482 of the CrPC and the power of revision under Section 397 of the CrPC are separate and even though a second revision does not lie before the High Court when one is dismissed by the court of session the proceedings of the court of session are still open to scrutiny by the High Court in exercise of the power under Section 482 of the CrPC The decision in Biswanath Mondal vs Shyamapada Mondal, 1989 CCrLR (Cal) 37 has already been referred to where the Hon'ble Judge observed that where the application is not directed against the order of the Magistrate but is against the order of the Sessions Judge bar of sub-section (3) of Section 397 of the CrPC does not operate Though the present application has been styled as one under Article 227 of the Constitution of India it cannot be argued that the court is precluded from exercising its inherent power under Section 482 of the CrPC if it would appear that exercise of such power is necessary either to give effect to any order under the Code or to prevent abuse of the process of the any court or otherwise to secure the ends of justice The guidelines laid down in Haryana vs Bhajanlal , (1992) supple (1) SCC 335 are that quashing of a criminal proceeding is permissible only when the petition of complaint or the FIR fails to disclose any prima facie cognizable offence, or where evidence of legal character is not available or where the complaint or the FIR is ex facie mala fide intended to harass the accused or where taking cognizance of offence is legally barred The decision in RB Kapoor vs Punjab	AIR 1960 SC 866	Supreme Court of India	India	circa 1960			81
Kailash Verma Vs Punjab State Civil Supplies Corporation & Anr	(2005) 2 SCC 571			circa 2005			9
Air 1951 Cal 69	AIR 1951 Cal 69		India - West Bengal	circa 1951			2
Delhi	[1999] SCC (Cri) 77	Supreme Court of India	India	circa 1999			1
Bihar	[1991] Cr LJ 3040		India	circa 1991			1