Q. What are the equivalent citations for Lalit Mohan Mondal and Others vs Benoyendra Nath Chatterjee ?

The equivalence citation areAIR 1982 SC 785 ; (1982) 3 SCC 219 ; 1982 CRILJ 625 ; LQ/SC/1981/226 ;

Lalit Mohan Mondal And Others Vs. Benoyendra Nath Chatterjee On 14 April, 1981

Q: Q. What was the bench assigned for the case Lalit Mohan Mondal and Others vs Benoyendra Nath Chatterjee?

HONBLE MR. JUSTICE SYED M. FAZAL ALI , HONBLE MR. JUSTICE V. B. ERADI

Open iDraf

Lalit Mohan Mondal And Others v. Benoyendra Nath Chatterjee

Lalit Mohan Mondal And Others
v.
Benoyendra Nath Chatterjee

(Supreme Court Of India)

Criminal Appeal No. 408 of 1981 | 14-04-1981

1. We have heard counsel for the parties and have gone through the judgment of the High Court. We agree with the High Court that against an order passed in appeal under S. 341 of the Criminal P.C., the order would not be revisable by the High Court under S. 397(2) of the Criminal P.C., but there can be no doubt that the Court is entitled to examine the matter under Section 482 of the Criminal P.C. which expressly overrules the bar contained in S. 341 of the Code. In the instant case, the High Court has merely indicated that this is not a fit case of invoking the inherent power without at all applying its mind whether or not in the circumstances, it was a fit case of filing a complaint, particularly when the matter rested merely on oath against oath.

2. For this reason, therefore, we allow this appeal and remit the case to the High Court to send for the records and satisfy itself whether the order directing complaint to be filed is expedient in the interest of justice, so as to attract its inherent jurisdiction under S. 482 of the Code. Meanwhile, further proceedings will be stayed.

3. Order accordingly.

Advocates List

For the Appearing Parties ----

Bench List

HON'BLE MR. JUSTICE SYED M. FAZAL ALI

HON'BLE MR. JUSTICE V. B. ERADI

Eq Citation

AIR 1982 SC 785

(1982) 3 SCC 219

1982 CRILJ 625

LQ/SC/1981/226

HeadNote

Criminal Procedure Code, 1973 - Ss. 397 and 482 — Revision under S. 397 — Scope of — Held, High Court is entitled to examine matter under S. 482 — In instant case, High Court merely indicated that it was not a fit case of invoking inherent power without at all applying its mind whether or not in the circumstances it was a fit case of filing complaint particularly when matter rested merely on oath against oath — High Court directed to send for records and satisfy itself whether order directing complaint to be filed is expedient in interest of justice so as to attract its inherent jurisdiction under S. 482 — Criminal Procedure, 1973 — Ss. 397 and 482