STATE OF PUNJAB & ORS. versus INDER MOHAN CHOPRA & ORS.

STATE OF PUNJAB & ORS. versus INDER MOHAN CHOPRA & ORS.

The High Court's conclusion that individual shares could be less than threshold is not relevant for consideration of issues raised; such aspect to be adjudicated in trial proceedings. Orders of High Court quashed on grounds of improper exercise of inherent jurisdiction under Section 482 Cr.P.C.

Source-derived case information.

Parties
Appellant: State of Punjab & Ors.; Respondent: Inder Mohan Chopra & Ors.
Jurisdiction
India
Judgment Date
12 February 2009
Procedural Posture
Criminal Appeal / Appeal From Punjab and Haryana High Court Judgment Dated 29.1.2007
Outcome
Appeals allowed. High Court's orders quashed. No opinion expressed on merits; trial to proceed.
Legal Topics
Inherent Jurisdiction, Quashing of Criminal Proceedings, Exercise of Power Under Section 482 Cr.p.c., Punjab Apartment and Property Regulations, 1995
Criminal Law Inherent Jurisdiction Quashing of Criminal Proceedings Exercise of Power Under Section 482 Cr.p.c. Punjab Apartment and Property Regulations, 1995

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

State of Punjab & Ors.

Appellant

Inder Mohan Chopra & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Punjab and Haryana High Court Judgment Dated 29.1.2007

Legal Issues

  1. 1 Whether the exercise of inherent powers under Section 482 Cr.P.C. by the High Court was proper for quashing FIR and complaint under Punjab Apartment and Property Regulations, 1995
  2. 2 Whether the sale of joint family property by co-owners in an alleged unauthorized colony violated the Act
  3. 3 Whether individual shares below threshold area negated criminal liability

Ratio Decidendi

The High Court's conclusion that individual shares could be less than threshold is not relevant for consideration of issues raised; such aspect to be adjudicated in trial proceedings. Orders of High Court quashed on grounds of improper exercise of inherent jurisdiction under Section 482 Cr.P.C.

Court Disposition

Appeals allowed. High Court's orders quashed. No opinion expressed on merits; trial to proceed.

Orders

  • Impugned orders of High Court are quashed.
  • Cases to be adjudicated in trial; Supreme Court expresses no opinion on merits.