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UMESH KUMAR vs. STATE OF ANDHRA PRADESH & ANR

SCR Citation: [2013] 14 S.C.R. 213
Year/Volume: 2013/ Volume 14
Date of Judgment: 06 September 2013
Petitioner: UMESH KUMAR
Disposal Nature: Appeals Disposed Off
Neutral Citation: 2013 INSC 590
Judgment Delivered by: Hon'ble Dr. Justice B.S. Chauhan
Respondent: STATE OF ANDHRA PRADESH & ANR
Case Type: CRIMINAL APPEAL / 1305/2013
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950 - Art.21 - Right to life - Right to reputation - Held: Reputation is a sort of right to enjoy the good opinion of others and it is a personal right and an enquiry to reputation is a personal injury - Personal rights of a human being include the right of reputation - A good reputation is an element of personal security and is protected by the Constitution equally with the right to enjoyment of life, liberty and property.  Code of Criminal Procedure, 1973 - s.482 - Charge sheet - Quashing of - Held: Law does not prohibit entertaining the petition u/s.482 CrPC for quashing the charge sheet even before the charges are framed or before the application of discharge is filed or even during pendency of such application before the court concerned - High Court cannot reject the application merely on the ground that the accused can argue legal and factual issues at the time of the framing of the charges - However, the inherent power of the Court should not be exercised to stifle the legitimate prosecution but can be exercised to save the accused to undergo the agony of a criminal trial

2. Case referred
3. Act
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4. Keyword
  • Right to life
  • Quashing
  • Charge sheet