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R. P. KAPUR vs. THE STATE OF PUNJAB

SCR Citation: [1960] 3 S.C.R. 388
Year/Volume: 1960/ Volume 3
Date of Judgment: 25 March 1960
Petitioner: R. P. KAPUR
Disposal Nature: Appeal Dismissed
Neutral Citation: 1960 INSC 61
Judgment Delivered by: Hon'ble Mr. Justice P.B. Gajendragadkar
Respondent: THE STATE OF PUNJAB
Case Type: CRIMINAL APPEAL /217/1959
Order/Judgment: Judgment
1. Headnote

Criminal Trial-Quashing of proceedings-Inherent power of High Court-When to be exercised Code of Criminal Procedure, 1898 (V of 1898), s. 561-A.


One S lodged a first information report against K. When K found that no action was taken on the report for several months he filed a criminal complaint against S contending that the report lodged by S was false. At the instance of S the magistrate ordered K's complaint to stand adjourned till the police made its final report on the first information report. Thereupon K moved the High Court under s. 561-A of the Code of Criminal Procedure for quashing the proceedings initiated by the first information report. Pending the hearing the police submitted its report under s. 173 of the Code. Subsequently the High Court dismissed the petition. K obtained special leave and appealed:

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1898 (5 of 1898)
4. Keyword
  • Criminal Trial
5. Equivalent citation
    Citation(s) 1960 AIR 866 =