S.W. PALANITKAR AND ORS. versus STATE OF BIHAR AND ANR.

S.W. PALANITKAR AND ORS. versus STATE OF BIHAR AND ANR.

Process could not have been issued against appellants 1–6 and 8 or against appellant no. 7 for offences under Sections 406 and 120B IPC because alleged acts and materials did not constitute those offences even prima facie; only process against appellant no. 7 for offence under Section 420 IPC is maintained. High Court failed to exercise its power to correct Magistrate's error; quashing under Section 482 Cr.P.C. is appropriate where no offence is made out.

Parties
Appellants: S.W. Palanitkar and Ors.; Respondent: State of Bihar; Respondent: L.K. Bajla and Praveen Kumar for Respondent No. 2
Jurisdiction
India
Judgment Date
18 October 2001
Procedural Posture
Criminal Appeal / Appeal Against Dismissal of Petition for Quashing Under Section 482 Cr.p.c. by High Court
Outcome
Appeal partly allowed
Legal Topics
Criminal Breach of Trust, Cheating, Quashing of Criminal Proceedings, Inherent Powers of High Court
Criminal Law Criminal Breach of Trust Cheating Quashing of Criminal Proceedings Inherent Powers of High Court

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Parties

S.W. Palanitkar and Ors.

Appellants

State of Bihar

Respondent

L.K. Bajla and Praveen Kumar for Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Dismissal of Petition for Quashing Under Section 482 Cr.p.c. by High Court

Legal Issues

  1. 1 Whether process issued by Magistrate against appellants for offences under Sections 406, 420, and 120B IPC should be quashed
  2. 2 Scope of High Court's power under Section 482 Cr.P.C. to prevent abuse of process of court and secure ends of justice

Ratio Decidendi

Process could not have been issued against appellants 1–6 and 8 or against appellant no. 7 for offences under Sections 406 and 120B IPC because alleged acts and materials did not constitute those offences even prima facie; only process against appellant no. 7 for offence under Section 420 IPC is maintained. High Court failed to exercise its power to correct Magistrate's error; quashing under Section 482 Cr.P.C. is appropriate where no offence is made out.

Court Disposition

Appeal partly allowed

Orders

  • Process issued against appellants nos. 1–6 and 8 set aside
  • Process against appellant no. 7 for offences under Sections 406 and 120B IPC set aside