Ganesh Shivramji Mehare v. Mangesh Vasantrao Deshpande

Supreme Court of India · 30 Jul 2012
H. L. Dattu; Chandramauli Kr. Prasad
CRIMINAL APPEAL NO.1146 OF 2012
criminal appeal_allowed Significant

AI Summary

The Supreme Court held that the High Court should exercise its inherent powers under Section 482 CrPC sparingly and set aside the High Court's interference with the District & Sessions Judge's orders, restoring the latter.

Full Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1146 OF 2012
(Arising out of S.L.P.(Crl.)No.2391 of 2012)
GANESH SHIVRAMJI MEHARE & ANR APPELLANTS
VERSUS
MANGESH VASANTRAO DESHPANDE & ANR RESPONDENTS
Leave granted.
Having heard learned counsel for the parties to the lis, we are of the opinion that the High Court, in exercise of its powers under Section 482 of the Criminal Procedure Code, ought not to have interfered with the orders passed by the learned District & Sessions Judge, Akola in Case
No.Misc.Cr.Appln.No.803 of 2011, dated 13.12.2011. Accordingly, we allow this appeal and set aside the orders passed by the learned single Judge in Case No.Crl.Application (APPLN)No.6 of
2012 dated 29.02.2012 and restore the orders passed by the
District & Sessions Judge, Akola.
Ordered accordingly. .......................J.
(H.L. DATTU) .......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
JULY 30, 2012
JUDGMENT